1     
GOVERNMENT BUILDING REGULATION AMENDMENTS

2     
2021 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to government building regulation.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies requirements for a building permit application;
13          ▸     prohibits a municipality or county from regulating certain building design elements;
14          ▸     standardizes the name of the Utah Home Builders Association throughout the Utah
15     Code; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          10-5-132, as last amended by Laws of Utah 2020, Chapters 354 and 441
24          10-6-160, as last amended by Laws of Utah 2020, Chapter 441
25          10-9a-401, as last amended by Laws of Utah 2021, Chapters 64 and 333
26          10-9a-403, as last amended by Laws of Utah 2020, Chapter 136
27          10-9a-404, as last amended by Laws of Utah 2021, Chapters 64 and 333

28          10-9a-408, as last amended by Laws of Utah 2021, Chapters 64 and 333
29          13-43-202, as last amended by Laws of Utah 2010, Chapter 286
30          15A-1-202, as last amended by Laws of Utah 2020, Chapter 441
31          15A-1-204 (Superseded 07/01/21), as last amended by Laws of Utah 2020, Chapters
32     111 and 441
33          15A-1-204 (Effective 07/01/21), as last amended by Laws of Utah 2021, Chapter 199
34          15A-5-104, as enacted by Laws of Utah 2020, Chapter 111
35          17-27a-403, as last amended by Laws of Utah 2021, Chapter 363
36          17-36-55, as last amended by Laws of Utah 2020, Chapter 441
37          19-5-125, as enacted by Laws of Utah 2020, Chapter 111
38          58-55-102, as last amended by Laws of Utah 2019, Chapter 215
39          58-55-302.5, as last amended by Laws of Utah 2019, Chapter 215
40          63N-3-603, as enacted by Laws of Utah 2021, Chapter 411
41     ENACTS:
42          10-9a-534, Utah Code Annotated 1953
43          17-27a-530, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 10-5-132 is amended to read:
47          10-5-132. Fees collected for construction approval -- Approval of plans.
48          (1) As used in this section:
49          (a) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
50          [(a)] (b) "Construction project" means the same as that term is defined in Section
51     38-1a-102.
52          [(b)] (c) "Lodging establishment" means a place providing temporary sleeping
53     accommodations to the public, including any of the following:
54          (i) a bed and breakfast establishment;
55          (ii) a boarding house;
56          (iii) a dormitory;
57          (iv) a hotel;
58          (v) an inn;

59          (vi) a lodging house;
60          (vii) a motel;
61          (viii) a resort; or
62          (ix) a rooming house.
63          [(c)] (d) "Planning review" means a review to verify that a town has approved the
64     following elements of a construction project:
65          (i) zoning;
66          (ii) lot sizes;
67          (iii) setbacks;
68          (iv) easements;
69          (v) curb and gutter elevations;
70          (vi) grades and slopes;
71          (vii) utilities;
72          (viii) street names;
73          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
74     Interface Code adopted under Section 15A-2-103; and
75          (x) subdivision.
76          [(d)] (e) (i) "Plan review" means all of the reviews and approvals of a plan that a town
77     requires to obtain a building permit from the town with a scope that may not exceed a review to
78     verify:
79          (A) that the construction project complies with the provisions of the State Construction
80     Code under Title 15A, State Construction and Fire Codes Act;
81          (B) that the construction project complies with the energy code adopted under Section
82     15A-2-103;
83          (C) that the construction project received a planning review;
84          (D) that the applicant paid any required fees;
85          (E) that the applicant obtained final approvals from any other required reviewing
86     agencies;
87          (F) that the construction project complies with federal, state, and local storm water
88     protection laws;
89          (G) that the construction project received a structural review;

90          (H) the total square footage for each building level of finished, garage, and unfinished
91     space; and
92          (I) that the plans include a printed statement indicating that the actual construction will
93     comply with applicable local ordinances and the state construction codes.
94          (ii) "Plan review" does not mean a review of a document:
95          (A) required to be re-submitted for a construction project other than a construction
96     project for a one to two family dwelling or townhome if additional modifications or substantive
97     changes are identified by the plan review;
98          (B) submitted as part of a deferred submittal when requested by the applicant and
99     approved by the building official; or
100          (C) that, due to the document's technical nature or on the request of the applicant, is
101     reviewed by a third party.
102          [(e)] (f) "State Construction Code" means the same as that term is defined in Section
103     15A-1-102.
104          [(f)] (g) "State Fire Code" means the same as that term is defined in Section
105     15A-1-102.
106          [(g)] (h) "Structural review" means:
107          (i) a review that verifies that a construction project complies with the following:
108          (A) footing size and bar placement;
109          (B) foundation thickness and bar placement;
110          (C) beam and header sizes;
111          (D) nailing patterns;
112          (E) bearing points;
113          (F) structural member size and span; and
114          (G) sheathing; or
115          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](h)(i),
116     a review that a licensed engineer conducts.
117          [(h)] (i) "Technical nature" means a characteristic that places an item outside the
118     training and expertise of an individual who regularly performs plan reviews.
119          (2) (a) If a town collects a fee for the inspection of a construction project, the town
120     shall ensure that the construction project receives a prompt inspection.

121          (b) If a town cannot provide a building inspection within three business days after the
122     day on which the town receives the request for the inspection, the town shall promptly engage
123     an independent inspector with fees collected from the applicant.
124          (c) If an inspector identifies one or more violations of the State Construction Code or
125     State Fire Code during an inspection, the inspector shall give the permit holder written
126     notification that:
127          (i) identifies each violation;
128          (ii) upon request by the permit holder, includes a reference to each applicable provision
129     of the State Construction Code or State Fire Code; and
130          (iii) is delivered:
131          (A) in hardcopy or by electronic means; and
132          (B) the day on which the inspection occurs.
133          (3) (a) A town shall complete a plan review of a construction project for a one to two
134     family dwelling or townhome by no later than 14 business days after the day on which the [plan
135     is submitted] applicant submits a complete building permit application to the town.
136          (b) A town shall complete a plan review of a construction project for a residential
137     structure built under the International Building Code, not including a lodging establishment, by
138     no later than 21 business days after the day on which the [plan is submitted] applicant submits
139     a complete building permit application to the town.
140          (c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
141     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
142     town complete the plan review.
143          (ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
144     the plan review no later than:
145          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
146     applicant makes the request; or
147          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
148     applicant makes the request.
149          (d) An applicant may:
150          (i) waive the plan review time requirements described in this Subsection (3); or
151          (ii) with the town's consent, establish an alternative plan review time requirement.

152          (4) [(a)] A town may not enforce a requirement to have a plan review if:
153          [(i)] (a) the town does not complete the plan review within the time period described in
154     Subsection (3)(a) or (b); and
155          [(ii)] (b) a licensed architect or structural engineer, or both when required by law,
156     stamps the plan.     
157          [(b)] (5) (a) A town may attach to a reviewed plan a list that includes:
158          (i) items with which the town is concerned and may enforce during construction; and
159          (ii) building code violations found in the plan.
160          [(c)] (b) A town may not require an applicant to redraft a plan if the town requests
161     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
162          [(5) An applicant shall ensure that each construction project plan submitted for a plan
163     review under this section has a statement indicating that actual construction will comply with
164     applicable local ordinances and building codes.]
165          (c) A town may only require a single resubmittal of plans for a one or two family
166     dwelling or townhome if the resubmission is required to address deficiencies identified by a
167     third-party review of a geotechnical report or geological report.
168          (6) If a town charges a fee for a building permit, the town may not refuse payment of
169     the fee at the time the applicant submits a building permit application under Subsection (3).
170          (7) A town may not limit the number of building permit applications submitted under
171     Subsection (3).
172          (8) For purposes of Subsection (3), a building permit application is complete if the
173     application contains:
174          (a) the name, address, and contact information of:
175          (i) the applicant; and
176          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
177     the construction project;
178          (b) a site plan for the construction project that:
179          (i) is drawn to scale;
180          (ii) includes a north arrow and legend; and
181          (iii) provides specifications for the following:
182          (A) lot size and dimensions;

183          (B) setbacks and overhangs for setbacks;
184          (C) easements;
185          (D) property lines;
186          (E) topographical details, if the slope of the lot is greater than 10%;
187          (F) retaining walls;
188          (G) hard surface areas;
189          (H) curb and gutter elevations as indicated in the subdivision documents;
190          (I) utilities, including water meter and sewer lateral location;
191          (J) street names;
192          (K) driveway locations;
193          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
194     Interface Code adopted under Section 15A-2-103; and
195          (M) the location of the nearest hydrant;
196          (c) construction plans and drawings, including:
197          (i) elevations, only if the construction project is new construction;
198          (ii) floor plans for each level, including the location and size of doors and windows;
199          (iii) foundation, structural, and framing detail; and
200          (iv) electrical, mechanical, and plumbing design;
201          (d) documentation of energy code compliance;
202          (e) structural calculations, except for trusses;
203          (f) a geotechnical report, including a slope stability evaluation and retaining wall
204     design, if:
205          (i) the slope of the lot is greater than 15%; and
206          (ii) required by the town; and
207          (g) a statement indicating that actual construction will comply with applicable local
208     ordinances and building codes.
209          Section 2. Section 10-6-160 is amended to read:
210          10-6-160. Fees collected for construction approval -- Approval of plans.
211          (1) As used in this section:
212          (a) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
213          [(a)] (b) "Construction project" means the same as that term is defined in Section

214     38-1a-102.
215          [(b)] (c) "Lodging establishment" means a place providing temporary sleeping
216     accommodations to the public, including any of the following:
217          (i) a bed and breakfast establishment;
218          (ii) a boarding house;
219          (iii) a dormitory;
220          (iv) a hotel;
221          (v) an inn;
222          (vi) a lodging house;
223          (vii) a motel;
224          (viii) a resort; or
225          (ix) a rooming house.
226          [(c)] (d) "Planning review" means a review to verify that a city has approved the
227     following elements of a construction project:
228          (i) zoning;
229          (ii) lot sizes;
230          (iii) setbacks;
231          (iv) easements;
232          (v) curb and gutter elevations;
233          (vi) grades and slopes;
234          (vii) utilities;
235          (viii) street names;
236          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
237     Interface Code adopted under Section 15A-2-103; and
238          (x) subdivision.
239          [(d)] (e) (i) " Plan review" means all of the reviews and approvals of a plan that a city
240     requires to obtain a building permit from the city with a scope that may not exceed a review to
241     verify:
242          (A) that the construction project complies with the provisions of the State Construction
243     Code under Title 15A, State Construction and Fire Codes Act;
244          (B) that the construction project complies with the energy code adopted under Section

245     15A-2-103;
246          (C) that the construction project received a planning review;
247          (D) that the applicant paid any required fees;
248          (E) that the applicant obtained final approvals from any other required reviewing
249     agencies;
250          (F) that the construction project complies with federal, state, and local storm water
251     protection laws;
252          (G) that the construction project received a structural review;
253          (H) the total square footage for each building level of finished, garage, and unfinished
254     space; and
255          (I) that the plans include a printed statement indicating that the actual construction will
256     comply with applicable local ordinances and the state construction codes.
257          (ii) "Plan review" does not mean a review of a document:
258          (A) required to be re-submitted for a construction project other than a construction
259     project for a one to two family dwelling or townhome if additional modifications or substantive
260     changes are identified by the plan review;
261          (B) submitted as part of a deferred submittal when requested by the applicant and
262     approved by the building official; or
263          (C) that, due to the document's technical nature or on the request of the applicant, is
264     reviewed by a third party.
265          [(e)] (f) "State Construction Code" means the same as that term is defined in Section
266     15A-1-102.
267          [(f)] (g) "State Fire Code" means the same as that term is defined in Section
268     15A-1-102.
269          [(g)] (h) "Structural review" means:
270          (i) a review that verifies that a construction project complies with the following:
271          (A) footing size and bar placement;
272          (B) foundation thickness and bar placement;
273          (C) beam and header sizes;
274          (D) nailing patterns;
275          (E) bearing points;

276          (F) structural member size and span; and
277          (G) sheathing; or
278          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](h)(i),
279     a review that a licensed engineer conducts.
280          [(h)] (i) "Technical nature" means a characteristic that places an item outside the
281     training and expertise of an individual who regularly performs plan reviews.
282          (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
283     ensure that the construction project receives a prompt inspection.
284          (b) If a city cannot provide a building inspection within three business days after the
285     day on which the city receives the request for the inspection, the city shall promptly engage an
286     independent inspector with fees collected from the applicant.
287          (c) If an inspector identifies one or more violations of the State Construction Code or
288     State Fire Code during an inspection, the inspector shall give the permit holder written
289     notification that:
290          (i) identifies each violation;
291          (ii) upon request by the permit holder, includes a reference to each applicable provision
292     of the State Construction Code or State Fire Code; and
293          (iii) is delivered:
294          (A) in hardcopy or by electronic means; and
295          (B) the day on which the inspection occurs.
296          (3) (a) A city shall complete a plan review of a construction project for a one to two
297     family dwelling or townhome by no later than 14 business days after the day on which the [plan
298     is submitted] applicant submits a complete building permit application to the city.
299          (b) A city shall complete a plan review of a construction project for a residential
300     structure built under the International Building Code, not including a lodging establishment, by
301     no later than 21 business days after the day on which the [plan is submitted] applicant submits
302     a complete building permit application to the city.
303          (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
304     the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
305     city complete the plan review.
306          (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the

307     plan review no later than:
308          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
309     applicant makes the request; or
310          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
311     applicant makes the request.
312          (d) An applicant may:
313          (i) waive the plan review time requirements described in this Subsection (3); or
314          (ii) with the city's consent, establish an alternative plan review time requirement.
315          (4) [(a)] A city may not enforce a requirement to have a plan review if:
316          [(i)] (a) the city does not complete the plan review within the time period described in
317     Subsection (3)(a) or (b); and
318          [(ii)] (b) a licensed architect or structural engineer, or both when required by law,
319     stamps the plan.     
320          [(b)] (5) (a) A city may attach to a reviewed plan a list that includes:
321          (i) items with which the city is concerned and may enforce during construction; and
322          (ii) building code violations found in the plan.
323          [(c)] (b) A city may not require an applicant to redraft a plan if the city requests minor
324     changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
325          [(5) An applicant shall ensure that each construction project plan submitted for a plan
326     review under this section has a statement indicating that actual construction will comply with
327     applicable local ordinances and building codes.]
328          (c) A city may only require a single resubmittal of plans for a one or two family
329     dwelling or townhome if the resubmission is required to address deficiencies identified by a
330     third-party review of a geotechnical report or geological report.
331          (6) If a city charges a fee for a building permit, the city may not refuse payment of the
332     fee at the time the applicant submits a building permit application under Subsection (3).
333          (7) A city may not limit the number of building permit applications submitted under
334     Subsection (3).
335          (8) For purposes of Subsection (3), a building permit application is complete if the
336     application contains:
337          (a) the name, address, and contact information of:

338          (i) the applicant; and
339          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
340     the construction project;
341          (b) a site plan for the construction project that:
342          (i) is drawn to scale;
343          (ii) includes a north arrow and legend; and
344          (iii) provides specifications for the following:
345          (A) lot size and dimensions;
346          (B) setbacks and overhangs for setbacks;
347          (C) easements;
348          (D) property lines;
349          (E) topographical details, if the slope of the lot is greater than 10%;
350          (F) retaining walls;
351          (G) hard surface areas;
352          (H) curb and gutter elevations as indicated in the subdivision documents;
353          (I) utilities, including water meter and sewer lateral location;
354          (J) street names;
355          (K) driveway locations;
356          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
357     Interface Code adopted under Section 15A-2-103; and
358          (M) the location of the nearest hydrant;
359          (c) construction plans and drawings, including:
360          (i) elevations, only if the construction project is new construction;
361          (ii) floor plans for each level, including the location and size of doors and windows;
362          (iii) foundation, structural, and framing detail; and
363          (iv) electrical, mechanical, and plumbing design;
364          (d) documentation of energy code compliance;
365          (e) structural calculations, except for trusses;
366          (f) a geotechnical report, including a slope stability evaluation and retaining wall
367     design, if:
368          (i) the slope of the lot is greater than 15%; and

369          (ii) required by the city; and
370          (g) a statement indicating that actual construction will comply with applicable local
371     ordinances and building codes.
372          Section 3. Section 10-9a-401 is amended to read:
373          10-9a-401. General plan required -- Content.
374          (1) In order to accomplish the purposes of this chapter, each municipality shall prepare
375     and adopt a comprehensive, long-range general plan for:
376          (a) present and future needs of the municipality; and
377          (b) growth and development of all or any part of the land within the municipality.
378          (2) The general plan may provide for:
379          (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
380     activities, aesthetics, and recreational, educational, and cultural opportunities;
381          (b) the reduction of the waste of physical, financial, or human resources that result
382     from either excessive congestion or excessive scattering of population;
383          (c) the efficient and economical use, conservation, and production of the supply of:
384          (i) food and water; and
385          (ii) drainage, sanitary, and other facilities and resources;
386          (d) the use of energy conservation and solar and renewable energy resources;
387          (e) the protection of urban development;
388          (f) if the municipality is a town, the protection or promotion of moderate income
389     housing;
390          (g) the protection and promotion of air quality;
391          (h) historic preservation;
392          (i) identifying future uses of land that are likely to require an expansion or significant
393     modification of services or facilities provided by each affected entity; and
394          (j) an official map.
395          (3) (a) The general plan of a municipality, other than a town, shall plan for moderate
396     income housing growth.
397          (b) On or before December 1, 2019, each of the following that have a general plan that
398     does not comply with Subsection (3)(a) shall amend the general plan to comply with
399     Subsection (3)(a):

400          (i) a city of the first, second, third, or fourth class;
401          (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
402     within a county of the first, second, or third class; and
403          (iii) a metro township with a population of 5,000 or more.
404          (c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
405     from:
406          (i) the most recent official census or census estimate of the United States Census
407     Bureau; or
408          (ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
409     Utah Population Committee.
410          (4) Subject to Subsection 10-9a-403[(3)](2), the municipality may determine the
411     comprehensiveness, extent, and format of the general plan.
412          Section 4. Section 10-9a-403 is amended to read:
413          10-9a-403. General plan preparation.
414          [(1) (a) As used in this section, "residential building design element" means for a
415     single-family residential building:]
416          [(i) exterior building color;]
417          [(ii) type or style of exterior cladding material;]
418          [(iii) style or materials of a roof structure, roof pitch, or porch;]
419          [(iv) exterior nonstructural architectural ornamentation;]
420          [(v) location, design, placement, or architectural styling of a window or door, including
421     a garage door;]
422          [(vi) the number or type of rooms;]
423          [(vii) the interior layout of a room; or]
424          [(viii) the minimum square footage of a structure.]
425          [(b) "Residential building design element" does not include for a single-family
426     residential building:]
427          [(i) the height, bulk, orientation, or location of a structure on a lot; or]
428          [(ii) buffering or screening used to:]
429          [(A) minimize visual impacts;]
430          [(B) mitigate the impacts of light or noise; or]

431          [(C) protect the privacy of neighbors.]
432          [(2)] (1) (a) The planning commission shall provide notice, as provided in Section
433     10-9a-203, of its intent to make a recommendation to the municipal legislative body for a
434     general plan or a comprehensive general plan amendment when the planning commission
435     initiates the process of preparing its recommendation.
436          (b) The planning commission shall make and recommend to the legislative body a
437     proposed general plan for the area within the municipality.
438          (c) The plan may include areas outside the boundaries of the municipality if, in the
439     planning commission's judgment, those areas are related to the planning of the municipality's
440     territory.
441          (d) Except as otherwise provided by law or with respect to a municipality's power of
442     eminent domain, when the plan of a municipality involves territory outside the boundaries of
443     the municipality, the municipality may not take action affecting that territory without the
444     concurrence of the county or other municipalities affected.
445          [(3)] (2) (a) At a minimum, the proposed general plan, with the accompanying maps,
446     charts, and descriptive and explanatory matter, shall include the planning commission's
447     recommendations for the following plan elements:
448          (i) a land use element that:
449          (A) designates the long-term goals and the proposed extent, general distribution, and
450     location of land for housing for residents of various income levels, business, industry,
451     agriculture, recreation, education, public buildings and grounds, open space, and other
452     categories of public and private uses of land as appropriate; and
453          (B) may include a statement of the projections for and standards of population density
454     and building intensity recommended for the various land use categories covered by the plan;
455          (ii) a transportation and traffic circulation element that:
456          (A) provides the general location and extent of existing and proposed freeways, arterial
457     and collector streets, public transit, active transportation facilities, and other modes of
458     transportation that the planning commission considers appropriate;
459          (B) for a municipality that has access to a major transit investment corridor, addresses
460     the municipality's plan for residential and commercial development around major transit
461     investment corridors to maintain and improve the connections between housing, employment,

462     education, recreation, and commerce;
463          (C) for a municipality that does not have access to a major transit investment corridor,
464     addresses the municipality's plan for residential and commercial development in areas that will
465     maintain and improve the connections between housing, transportation, employment,
466     education, recreation, and commerce; and
467          (D) correlates with the population projections, the employment projections, and the
468     proposed land use element of the general plan; and
469          (iii) for a municipality described in Subsection 10-9a-401(3)(b), a plan that provides a
470     realistic opportunity to meet the need for additional moderate income housing.
471          (b) In drafting the moderate income housing element, the planning commission:
472          (i) shall consider the Legislature's determination that municipalities shall facilitate a
473     reasonable opportunity for a variety of housing, including moderate income housing:
474          (A) to meet the needs of people of various income levels living, working, or desiring to
475     live or work in the community; and
476          (B) to allow people with various incomes to benefit from and fully participate in all
477     aspects of neighborhood and community life;
478          (ii) for a town, may include, and for other municipalities, shall include, an analysis of
479     how the municipality will provide a realistic opportunity for the development of moderate
480     income housing within the next five years;
481          (iii) for a town, may include, and for other municipalities, shall include, a
482     recommendation to implement three or more of the following strategies:
483          (A) rezone for densities necessary to assure the production of moderate income
484     housing;
485          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
486     construction of moderate income housing;
487          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
488     income housing;
489          (D) consider general fund subsidies or other sources of revenue to waive construction
490     related fees that are otherwise generally imposed by the city;
491          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
492     residential zones;

493          (F) allow for higher density or moderate income residential development in
494     commercial and mixed-use zones, commercial centers, or employment centers;
495          (G) encourage higher density or moderate income residential development near major
496     transit investment corridors;
497          (H) eliminate or reduce parking requirements for residential development where a
498     resident is less likely to rely on the resident's own vehicle, such as residential development near
499     major transit investment corridors or senior living facilities;
500          (I) allow for single room occupancy developments;
501          (J) implement zoning incentives for low to moderate income units in new
502     developments;
503          (K) utilize strategies that preserve subsidized low to moderate income units on a
504     long-term basis;
505          (L) preserve existing moderate income housing;
506          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate
507     income housing;
508          (N) participate in a community land trust program for low or moderate income
509     housing;
510          (O) implement a mortgage assistance program for employees of the municipality or of
511     an employer that provides contracted services to the municipality;
512          (P) apply for or partner with an entity that applies for state or federal funds or tax
513     incentives to promote the construction of moderate income housing;
514          (Q) apply for or partner with an entity that applies for programs offered by the Utah
515     Housing Corporation within that agency's funding capacity;
516          (R) apply for or partner with an entity that applies for affordable housing programs
517     administered by the Department of Workforce Services;
518          (S) apply for or partner with an entity that applies for programs administered by an
519     association of governments established by an interlocal agreement under Title 11, Chapter 13,
520     Interlocal Cooperation Act;
521          (T) apply for or partner with an entity that applies for services provided by a public
522     housing authority to preserve and create moderate income housing;
523          (U) apply for or partner with an entity that applies for programs administered by a

524     metropolitan planning organization or other transportation agency that provides technical
525     planning assistance;
526          (V) utilize a moderate income housing set aside from a community reinvestment
527     agency, redevelopment agency, or community development and renewal agency; and
528          [(W) reduce residential building design elements; and]
529          [(X)] (W) any other program or strategy implemented by the municipality to address
530     the housing needs of residents of the municipality who earn less than 80% of the area median
531     income; and
532          (iv) in addition to the recommendations required under Subsection [(3)] (2)(b)(iii), for
533     a municipality that has a fixed guideway public transit station, shall include a recommendation
534     to implement the strategies described in Subsection [(3)] (2)(b)(iii)(G) or (H).
535          (c) In drafting the land use element, the planning commission shall:
536          (i) identify and consider each agriculture protection area within the municipality; and
537          (ii) avoid proposing a use of land within an agriculture protection area that is
538     inconsistent with or detrimental to the use of the land for agriculture.
539          (d) In drafting the transportation and traffic circulation element, the planning
540     commission shall:
541          (i) consider the regional transportation plan developed by its region's metropolitan
542     planning organization, if the municipality is within the boundaries of a metropolitan planning
543     organization; or
544          (ii) consider the long-range transportation plan developed by the Department of
545     Transportation, if the municipality is not within the boundaries of a metropolitan planning
546     organization.
547          [(4)] (3) The proposed general plan may include:
548          (a) an environmental element that addresses:
549          (i) the protection, conservation, development, and use of natural resources, including
550     the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
551     and other natural resources; and
552          (ii) the reclamation of land, flood control, prevention and control of the pollution of
553     streams and other waters, regulation of the use of land on hillsides, stream channels and other
554     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,

555     protection of watersheds and wetlands, and the mapping of known geologic hazards;
556          (b) a public services and facilities element showing general plans for sewage, water,
557     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
558     police and fire protection, and other public services;
559          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
560     programs for:
561          (i) historic preservation;
562          (ii) the diminution or elimination of a development impediment as defined in Section
563     17C-1-102; and
564          (iii) redevelopment of land, including housing sites, business and industrial sites, and
565     public building sites;
566          (d) an economic element composed of appropriate studies and forecasts, as well as an
567     economic development plan, which may include review of existing and projected municipal
568     revenue and expenditures, revenue sources, identification of basic and secondary industry,
569     primary and secondary market areas, employment, and retail sales activity;
570          (e) recommendations for implementing all or any portion of the general plan, including
571     the use of land use ordinances, capital improvement plans, community development and
572     promotion, and any other appropriate action;
573          (f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3);
574     and
575          (g) any other element the municipality considers appropriate.
576          Section 5. Section 10-9a-404 is amended to read:
577          10-9a-404. Public hearing by planning commission on proposed general plan or
578     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
579     by legislative body.
580          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
581     amend the general plan, the planning commission shall schedule and hold a public hearing on
582     the proposed plan or amendment.
583          (b) The planning commission shall provide notice of the public hearing, as required by
584     Section 10-9a-204.
585          (c) After the public hearing, the planning commission may modify the proposed

586     general plan or amendment.
587          (2) The planning commission shall forward the proposed general plan or amendment to
588     the legislative body.
589          (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
590     general plan or amendment that it considers appropriate.
591          (b) If the municipal legislative body rejects the proposed general plan or amendment, it
592     may provide suggestions to the planning commission for the planning commission's review and
593     recommendation.
594          (4) The legislative body shall adopt:
595          (a) a land use element as provided in Subsection 10-9a-403[(3)](2)(a)(i);
596          (b) a transportation and traffic circulation element as provided in Subsection
597     10-9a-403[(3)](2)(a)(ii); and
598          (c) for a municipality, other than a town, after considering the factors included in
599     Subsection 10-9a-403[(3)](2)(b)(iii), a plan to provide a realistic opportunity to meet the need
600     for additional moderate income housing within the next five years.
601          Section 6. Section 10-9a-408 is amended to read:
602          10-9a-408. Reporting requirements and civil action regarding moderate income
603     housing element of general plan.
604          (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
605     shall annually:
606          (a) review the moderate income housing plan element of the municipality's general
607     plan and implementation of that element of the general plan;
608          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
609          (c) post the report described in Subsection (1)(b) on the municipality's website.
610          (2) The report described in Subsection (1) shall include:
611          (a) a revised estimate of the need for moderate income housing in the municipality for
612     the next five years;
613          (b) a description of progress made within the municipality to provide moderate income
614     housing, demonstrated by analyzing and publishing data on the number of housing units in the
615     municipality that are at or below:
616          (i) 80% of the adjusted median family income;

617          (ii) 50% of the adjusted median family income; and
618          (iii) 30% of the adjusted median family income;
619          (c) a description of any efforts made by the municipality to utilize a moderate income
620     housing set-aside from a community reinvestment agency, redevelopment agency, or
621     community development and renewal agency; and
622          (d) a description of how the municipality has implemented any of the recommendations
623     related to moderate income housing described in Subsection 10-9a-403[(3)](2)(b)(iii).
624          (3) The legislative body of each municipality described in Subsection (1) shall send a
625     copy of the report under Subsection (1) to the Department of Workforce Services, the
626     association of governments in which the municipality is located, and, if located within the
627     boundaries of a metropolitan planning organization, the appropriate metropolitan planning
628     organization.
629          (4) In a civil action seeking enforcement or claiming a violation of this section or of
630     Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
631     injunctive or other equitable relief.
632          Section 7. Section 10-9a-534 is enacted to read:
633          10-9a-534. Regulation of building design elements prohibited -- Exceptions.
634          (1) As used in this section, "building design element" means:
635          (a) exterior color;
636          (b) type or style of exterior cladding material;
637          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
638          (d) exterior nonstructural architectural ornamentation;
639          (e) location, design, placement, or architectural styling of a window or door;
640          (f) location, design, placement, or architectural styling of a garage door, not including a
641     rear-loading garage door;
642          (g) number or type of rooms;
643          (h) interior layout of a room;
644          (i) minimum square footage over 1,000 square feet, not including a garage;
645          (j) rear yard landscaping requirements;
646          (k) minimum building dimensions; or
647          (l) a requirement to install front yard fencing.

648          (2) Except as provided in Subsection (3), a municipality may not impose a requirement
649     for a building design element on a one to two family dwelling.
650          (3) Subsection (2) does not apply to:
651          (a) a dwelling located within an area designated as a historic district in:
652          (i) the National Register of Historic Places;
653          (ii) the state register as defined in Section 9-8-402; or
654          (iii) a local historic district or area, or a site designated as a local landmark, created by
655     ordinance before January 1, 2021;
656          (b) an ordinance enacted as a condition for participation in the National Flood
657     Insurance Program administered by the Federal Emergency Management Agency;
658          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
659     Interface Code adopted under Section 15A-2-103;
660          (d) building design elements agreed to under a development agreement;
661          (e) a dwelling located within an area that:
662          (i) is zoned primarily for residential use; and
663          (ii) was substantially developed before calendar year 1950;
664          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
665          (g) an ordinance enacted to regulate type of cladding, in response to findings or
666     evidence from the construction industry of:
667          (i) defects in the material of existing cladding; or
668          (ii) consistent defects in the installation of existing cladding; or
669          (h) a land use regulation, including a planned unit development or overlay zone, that a
670     property owner requests:
671          (i) the municipality to apply to the owner's property; and
672          (ii) in exchange for an increase in density or other benefit not otherwise available as a
673     permitted use in the zoning area or district.
674          Section 8. Section 13-43-202 is amended to read:
675          13-43-202. Land Use and Eminent Domain Advisory Board -- Appointment --
676     Compensation -- Duties.
677          (1) There is created the Land Use and Eminent Domain Advisory Board, within the
678     Office of the Property Rights Ombudsman, consisting of the following seven members:

679          (a) one individual representing special service districts, nominated by the Utah
680     Association of Special Districts;
681          (b) one individual representing municipal government, nominated by the Utah League
682     of Cities and Towns;
683          (c) one individual representing county government, nominated by the Utah Association
684     of Counties;
685          (d) one individual representing the residential construction industry, nominated by the
686     Utah Home Builders Association;
687          (e) one individual representing the real estate industry, nominated by the Utah
688     Association of Realtors;
689          (f) one individual representing the land development community, jointly nominated by
690     the Utah Association of Realtors and the Utah Home Builders Association [of Utah]; and
691          (g) one individual who:
692          (i) is a citizen with experience in land use issues;
693          (ii) does not hold public office; and
694          (iii) is not currently employed, nor has been employed in the previous 12 months, by
695     any of the entities or industries listed in Subsections (1)(a) through (f).
696          (2) After receiving nominations, the governor shall appoint members to the board.
697          (3) The term of office of each member is four years, except that the governor shall
698     appoint three of the members of the board to an initial two-year term.
699          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
700     an appointment under Subsections (1) and (2).
701          (5) (a) Board members shall elect a chair from their number and establish rules for the
702     organization and operation of the board.
703          (b) Five members of the board constitute a quorum for the conduct of the board's
704     business.
705          (c) The affirmative vote of five members is required to constitute the decision of the
706     board on any matter.
707          (6) A member may not receive compensation or benefits for the member's service, but
708     may receive per diem and travel expenses in accordance with:
709          (a) Section 63A-3-106;

710          (b) Section 63A-3-107; and
711          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
712     63A-3-107.
713          (7) A member need not give a bond for the performance of official duties.
714          (8) The Office of the Property Rights Ombudsman shall provide staff to the board.
715          (9) The board shall:
716          (a) receive reports from the Office of the Property Rights Ombudsman that are
717     requested by the board;
718          (b) establish rules of conduct and performance for the Office of the Property Rights
719     Ombudsman;
720          (c) receive donations or contributions from any source for the Office of the Property
721     Rights Ombudsman's benefit;
722          (d) subject to any restriction placed on a donation or contribution received under
723     Subsection (9)(c), authorize the expenditure of donations or contributions for the Office of the
724     Property Rights Ombudsman's benefit;
725          (e) receive budget recommendations from the Office of the Property Rights
726     Ombudsman; and
727          (f) revise budget recommendations received under Subsection (9)(e).
728          (10) The board shall maintain a resource list of qualified arbitrators and mediators who
729     may be appointed under Section 13-43-204 and qualified persons who may be appointed to
730     render advisory opinions under Section 13-43-205.
731          Section 9. Section 15A-1-202 is amended to read:
732          15A-1-202. Definitions.
733          As used in this chapter:
734          (1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
735     or keeping or raising domestic animals.
736          (2) (a) "Approved code" means a code, including the standards and specifications
737     contained in the code, approved by the division under Section 15A-1-204 for use by a
738     compliance agency.
739          (b) "Approved code" does not include the State Construction Code.
740          (3) "Building" means a structure used or intended for supporting or sheltering any use

741     or occupancy and any improvements attached to it.
742          (4) "Code" means:
743          (a) the State Construction Code; or
744          (b) an approved code.
745          (5) "Commission" means the Uniform Building Code Commission created in Section
746     15A-1-203.
747          (6) "Compliance agency" means:
748          (a) an agency of the state or any of its political subdivisions which issues permits for
749     construction regulated under the codes;
750          (b) any other agency of the state or its political subdivisions specifically empowered to
751     enforce compliance with the codes; or
752          (c) any other state agency which chooses to enforce codes adopted under this chapter
753     by authority given the agency under a title other than this part and Part 3, Factory Built
754     Housing and Modular Units Administration Act.
755          (7) "Construction code" means standards and specifications published by a nationally
756     recognized code authority for use in circumstances described in Subsection 15A-1-204(1),
757     including:
758          (a) a building code;
759          (b) an electrical code;
760          (c) a residential one and two family dwelling code;
761          (d) a plumbing code;
762          (e) a mechanical code;
763          (f) a fuel gas code;
764          (g) an energy conservation code;
765          (h) a swimming pool and spa code; and
766          (i) a manufactured housing installation standard code.
767          (8) "Construction project" means the same as that term is defined in Section 38-1a-102.
768          [(8)] (9) "Executive director" means the executive director of the Department of
769     Commerce.
770          [(9)] (10) "Legislative action" includes legislation that:
771          (a) adopts a new State Construction Code;

772          (b) amends the State Construction Code; or
773          (c) repeals one or more provisions of the State Construction Code.
774          [(10)] (11) "Local regulator" means a political subdivision of the state that is
775     empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
776     and other activities subject to the codes.
777          (12) "Membrane-covered frame structure" means a nonpressurized building with a
778     structure composed of a rigid framework to support a tensioned membrane that provides a
779     weather barrier.
780          [(11)] (13) "Not for human occupancy" means use of a structure for purposes other
781     than protection or comfort of human beings, but allows people to enter the structure for:
782          (a) maintenance and repair; and
783          (b) the care of livestock, crops, or equipment intended for agricultural use which are
784     kept there.
785          [(12)] (14) "Opinion" means a written, nonbinding, and advisory statement issued by
786     the commission concerning an interpretation of the meaning of the codes or the application of
787     the codes in a specific circumstance issued in response to a specific request by a party to the
788     issue.
789          (15) "Remote yurt" means a membrane-covered frame structure that:
790          (a) is no larger than 710 square feet;
791          (b) is not used as a permanent residence;
792          (c) is located in an unincorporated county area that is not zoned for residential,
793     commercial, industrial, or agricultural use;
794          (d) does not have plumbing or electricity;
795          (e) is set back at least 300 feet from any river, stream, lake, or other body of water; and
796          (f) is registered with the local health department.
797          [(13)] (16) "State regulator" means an agency of the state which is empowered to
798     engage in the regulation of construction, alteration, remodeling, building, repair, and other
799     activities subject to the codes adopted pursuant to this chapter.
800          Section 10. Section 15A-1-204 (Superseded 07/01/21) is amended to read:
801          15A-1-204 (Superseded 07/01/21). Adoption of State Construction Code --
802     Amendments by commission -- Approved codes -- Exemptions.

803          (1) (a) The State Construction Code is the construction codes adopted with any
804     modifications in accordance with this section that the state and each political subdivision of the
805     state shall follow.
806          (b) A person shall comply with the applicable provisions of the State Construction
807     Code when:
808          (i) new construction is involved; and
809          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
810          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
811     conservation, or reconstruction of the building; or
812          (B) changing the character or use of the building in a manner that increases the
813     occupancy loads, other demands, or safety risks of the building.
814          (c) On and after July 1, 2010, the State Construction Code is the State Construction
815     Code in effect on July 1, 2010, until in accordance with this section:
816          (i) a new State Construction Code is adopted; or
817          (ii) one or more provisions of the State Construction Code are amended or repealed in
818     accordance with this section.
819          (d) A provision of the State Construction Code may be applicable:
820          (i) to the entire state; or
821          (ii) within a county, city, or town.
822          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
823     that adopts a nationally recognized construction code with any modifications.
824          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
825     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
826     legislation.
827          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is
828     the State Construction Code until, in accordance with this section, the Legislature adopts a new
829     State Construction Code by:
830          (i) adopting a new State Construction Code in its entirety; or
831          (ii) amending or repealing one or more provisions of the State Construction Code.
832          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
833     recognized construction code, the commission shall prepare a report described in Subsection

834     (4).
835          (b) For the provisions of a nationally recognized construction code that apply only to
836     detached one- and two-family dwellings and townhouses not more than three stories above
837     grade plane in height with separate means of egress and their accessory structures, the
838     commission shall:
839          (i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
840     second update of the nationally recognized construction code; and
841          (ii) not prepare a report described in Subsection (4) in 2018.
842          (4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
843     the year designated in the title of a nationally recognized construction code, the commission
844     shall prepare and submit, in accordance with Section 68-3-14, a written report to the Business
845     and Labor Interim Committee that:
846          (i) states whether the commission recommends the Legislature adopt the update with
847     any modifications; and
848          (ii) describes the costs and benefits of each recommended change in the update or in
849     any modification.
850          (b) After the Business and Labor Interim Committee receives the report described in
851     Subsection (4)(a), the Business and Labor Interim Committee shall:
852          (i) study the recommendations; and
853          (ii) if the Business and Labor Interim Committee decides to recommend legislative
854     action to the Legislature, prepare legislation for consideration by the Legislature in the next
855     general session.
856          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
857     the commission is not required to submit a report described in Subsection (4), submit, in
858     accordance with Section 68-3-14, a written report to the Business and Labor Interim
859     Committee recommending whether the Legislature should amend or repeal one or more
860     provisions of the State Construction Code.
861          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
862     shall describe the costs and benefits of each proposed amendment or repeal.
863          (b) The commission may recommend legislative action related to the State
864     Construction Code:

865          (i) on its own initiative;
866          (ii) upon the recommendation of the division; or
867          (iii) upon the receipt of a request by one of the following that the commission
868     recommend legislative action related to the State Construction Code:
869          (A) a local regulator;
870          (B) a state regulator;
871          (C) a state agency involved with the construction and design of a building;
872          (D) the Construction Services Commission;
873          (E) the Electrician Licensing Board;
874          (F) the Plumbers Licensing Board; or
875          (G) a recognized construction-related association.
876          (c) If the Business and Labor Interim Committee decides to recommend legislative
877     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
878     for consideration by the Legislature in the next general session.
879          (6) (a) Notwithstanding the provisions of this section, the commission may, in
880     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
881     Construction Code if the commission determines that waiting for legislative action in the next
882     general legislative session would:
883          (i) cause an imminent peril to the public health, safety, or welfare; or
884          (ii) place a person in violation of federal or other state law.
885          (b) If the commission amends the State Construction Code in accordance with this
886     Subsection (6), the commission shall file with the division:
887          (i) the text of the amendment to the State Construction Code; and
888          (ii) an analysis that includes the specific reasons and justifications for the commission's
889     findings.
890          (c) If the State Construction Code is amended under this Subsection (6), the division
891     shall:
892          (i) publish the amendment to the State Construction Code in accordance with Section
893     15A-1-205; and
894          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
895     Business and Labor Interim Committee containing the amendment to the State Construction

896     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
897          (d) If not formally adopted by the Legislature at the next annual general session, an
898     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
899     immediately following the next annual general session that follows the adoption of the
900     amendment.
901          (7) (a) The division, in consultation with the commission, may approve, without
902     adopting, one or more approved codes, including a specific edition of a construction code, for
903     use by a compliance agency.
904          (b) If the code adopted by a compliance agency is an approved code described in
905     Subsection (7)(a), the compliance agency may:
906          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
907          (ii) adopt, by ordinance or rule, a dangerous building code; or
908          (iii) adopt, by ordinance or rule, a building rehabilitation code.
909          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
910     state law, a state executive branch entity or political subdivision of the state may not, after
911     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
912     specifically addressed by, and that is more restrictive than, the State Construction Code.
913          (9) A state executive branch entity or political subdivision of the state may:
914          (a) enforce a federal law or regulation;
915          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
916     requirement applies only to a facility or construction owned or used by a state entity or a
917     political subdivision of the state; or
918          (c) enforce a rule, ordinance, or requirement:
919          (i) that the state executive branch entity or political subdivision adopted or made
920     effective before July 1, 2015; and
921          (ii) for which the state executive branch entity or political subdivision can demonstrate,
922     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
923     individual from a condition likely to cause imminent injury or death.
924          (10) The Department of Health or the Department of Environmental Quality may
925     enforce a rule or requirement adopted before January 1, 2015.
926          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in

927     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
928     than 1,500 square feet and used solely for the type of sales described in Subsection
929     59-12-104(20), is exempt from the requirements of the State Construction Code.
930          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
931     electrical, and mechanical permit may be required when that work is included in a structure
932     described in Subsection (11)(a).
933          (ii) Unless located in whole or in part in an agricultural protection area created under
934     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
935     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
936     the structure is located on land that is:
937          (A) within the boundaries of a city or town, and less than five contiguous acres; or
938          (B) within a subdivision for which the county has approved a subdivision plat under
939     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
940          [(12) (a) As used in this Subsection (12):]
941          [(i) "Membrane-covered frame structure" means a nonpressurized building wherein the
942     structure is composed of a rigid framework to support a tensioned membrane that provides the
943     weather barrier.]
944          [(ii) "Remote yurt" means a membrane-covered frame structure that:]
945          [(A) is no larger than 710 square feet;]
946          [(B) is not used as a permanent residence;]
947          [(C) is located in an unincorporated county area that is not zoned for residential,
948     commercial, industrial, or agricultural use;]
949          [(D) does not have plumbing or electricity;]
950          [(E) is set back at least 300 feet from any river, stream, lake, or other body of water;
951     and]
952          [(F) registers with the local health department.]
953          [(b)] (12) (a) A remote yurt is exempt from the State Construction Code including the
954     permit requirements of the State Construction Code.
955          [(c)] (b) Notwithstanding Subsection (12)[(b)](a), a county may by ordinance require
956     remote yurts to comply with the State Construction Code, if the ordinance requires the remote
957     yurts to comply with all of the following:

958          (i) the State Construction Code;
959          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
960          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
961     made under that chapter, and local health department's jurisdiction over onsite wastewater
962     disposal.
963          Section 11. Section 15A-1-204 (Effective 07/01/21) is amended to read:
964          15A-1-204 (Effective 07/01/21). Adoption of State Construction Code --
965     Amendments by commission -- Approved codes -- Exemptions.
966          (1) (a) The State Construction Code is the construction codes adopted with any
967     modifications in accordance with this section that the state and each political subdivision of the
968     state shall follow.
969          (b) A person shall comply with the applicable provisions of the State Construction
970     Code when:
971          (i) new construction is involved; and
972          (ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
973          (A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
974     conservation, or reconstruction of the building; or
975          (B) changing the character or use of the building in a manner that increases the
976     occupancy loads, other demands, or safety risks of the building.
977          (c) On and after July 1, 2010, the State Construction Code is the State Construction
978     Code in effect on July 1, 2010, until in accordance with this section:
979          (i) a new State Construction Code is adopted; or
980          (ii) one or more provisions of the State Construction Code are amended or repealed in
981     accordance with this section.
982          (d) A provision of the State Construction Code may be applicable:
983          (i) to the entire state; or
984          (ii) within a county, city, or town.
985          (2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
986     that adopts a nationally recognized construction code with any modifications.
987          (b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
988     on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the

989     legislation.
990          (c) Subject to Subsection (6), a State Construction Code adopted by the Legislature is
991     the State Construction Code until, in accordance with this section, the Legislature adopts a new
992     State Construction Code by:
993          (i) adopting a new State Construction Code in its entirety; or
994          (ii) amending or repealing one or more provisions of the State Construction Code.
995          (3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
996     recognized construction code, the commission shall prepare a report described in Subsection
997     (4).
998          (b) For the provisions of a nationally recognized construction code that apply only to
999     detached one- and two-family dwellings and townhouses not more than three stories above
1000     grade plane in height with separate means of egress and their accessory structures, the
1001     commission shall prepare a report described in Subsection (4) in 2022 and, thereafter, for every
1002     second update of the nationally recognized construction code.
1003          (4) (a) In accordance with Subsection (3), on or before September 1 of the year after
1004     the year designated in the title of a nationally recognized construction code, the commission
1005     shall prepare and submit, in accordance with Section 68-3-14, a written report to the Business
1006     and Labor Interim Committee that:
1007          (i) states whether the commission recommends the Legislature adopt the update with
1008     any modifications; and
1009          (ii) describes the costs and benefits of each recommended change in the update or in
1010     any modification.
1011          (b) After the Business and Labor Interim Committee receives the report described in
1012     Subsection (4)(a), the Business and Labor Interim Committee shall:
1013          (i) study the recommendations; and
1014          (ii) if the Business and Labor Interim Committee decides to recommend legislative
1015     action to the Legislature, prepare legislation for consideration by the Legislature in the next
1016     general session.
1017          (5) (a) (i) The commission shall, by no later than September 1 of each year in which
1018     the commission is not required to submit a report described in Subsection (4), submit, in
1019     accordance with Section 68-3-14, a written report to the Business and Labor Interim

1020     Committee recommending whether the Legislature should amend or repeal one or more
1021     provisions of the State Construction Code.
1022          (ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
1023     shall describe the costs and benefits of each proposed amendment or repeal.
1024          (b) The commission may recommend legislative action related to the State
1025     Construction Code:
1026          (i) on the commission's own initiative;
1027          (ii) upon the recommendation of the division; or
1028          (iii) upon the receipt of a request by one of the following that the commission
1029     recommend legislative action related to the State Construction Code:
1030          (A) a local regulator;
1031          (B) a state regulator;
1032          (C) a state agency involved with the construction and design of a building;
1033          (D) the Construction Services Commission;
1034          (E) the Electrician Licensing Board;
1035          (F) the Plumbers Licensing Board; or
1036          (G) a recognized construction-related association.
1037          (c) If the Business and Labor Interim Committee decides to recommend legislative
1038     action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
1039     for consideration by the Legislature in the next general session.
1040          (6) (a) Notwithstanding the provisions of this section, the commission may, in
1041     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
1042     Construction Code if the commission determines that waiting for legislative action in the next
1043     general legislative session would:
1044          (i) cause an imminent peril to the public health, safety, or welfare; or
1045          (ii) place a person in violation of federal or other state law.
1046          (b) If the commission amends the State Construction Code in accordance with this
1047     Subsection (6), the commission shall file with the division:
1048          (i) the text of the amendment to the State Construction Code; and
1049          (ii) an analysis that includes the specific reasons and justifications for the commission's
1050     findings.

1051          (c) If the State Construction Code is amended under this Subsection (6), the division
1052     shall:
1053          (i) publish the amendment to the State Construction Code in accordance with Section
1054     15A-1-205; and
1055          (ii) prepare and submit, in accordance with Section 68-3-14, a written notice to the
1056     Business and Labor Interim Committee containing the amendment to the State Construction
1057     Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
1058          (d) If not formally adopted by the Legislature at the next annual general session, an
1059     amendment to the State Construction Code under this Subsection (6) is repealed on the July 1
1060     immediately following the next annual general session that follows the adoption of the
1061     amendment.
1062          (7) (a) The division, in consultation with the commission, may approve, without
1063     adopting, one or more approved codes, including a specific edition of a construction code, for
1064     use by a compliance agency.
1065          (b) If the code adopted by a compliance agency is an approved code described in
1066     Subsection (7)(a), the compliance agency may:
1067          (i) adopt an ordinance requiring removal, demolition, or repair of a building;
1068          (ii) adopt, by ordinance or rule, a dangerous building code; or
1069          (iii) adopt, by ordinance or rule, a building rehabilitation code.
1070          (8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
1071     state law, a state executive branch entity or political subdivision of the state may not, after
1072     December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
1073     specifically addressed by, and that is more restrictive than, the State Construction Code.
1074          (9) A state executive branch entity or political subdivision of the state may:
1075          (a) enforce a federal law or regulation;
1076          (b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
1077     requirement applies only to a facility or construction owned or used by a state entity or a
1078     political subdivision of the state; or
1079          (c) enforce a rule, ordinance, or requirement:
1080          (i) that the state executive branch entity or political subdivision adopted or made
1081     effective before July 1, 2015; and

1082          (ii) for which the state executive branch entity or political subdivision can demonstrate,
1083     with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
1084     individual from a condition likely to cause imminent injury or death.
1085          (10) The Department of Health or the Department of Environmental Quality may
1086     enforce a rule or requirement adopted before January 1, 2015.
1087          (11) (a) Except as provided in Subsection (11)(b), a structure used solely in
1088     conjunction with agriculture use, and not for human occupancy, or a structure that is no more
1089     than 1,500 square feet and used solely for the type of sales described in Subsection
1090     59-12-104(20), is exempt from the requirements of the State Construction Code.
1091          (b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
1092     electrical, and mechanical permit may be required when that work is included in a structure
1093     described in Subsection (11)(a).
1094          (ii) Unless located in whole or in part in an agricultural protection area created under
1095     Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
1096     Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
1097     the structure is located on land that is:
1098          (A) within the boundaries of a city or town, and less than five contiguous acres; or
1099          (B) within a subdivision for which the county has approved a subdivision plat under
1100     Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
1101          [(12) (a) As used in this Subsection (12):]
1102          [(i) "Membrane-covered frame structure" means a nonpressurized building wherein the
1103     structure is composed of a rigid framework to support a tensioned membrane that provides the
1104     weather barrier.]
1105          [(ii) "Remote yurt" means a membrane-covered frame structure that:]
1106          [(A) is no larger than 710 square feet;]
1107          [(B) is not used as a permanent residence;]
1108          [(C) is located in an unincorporated county area that is not zoned for residential,
1109     commercial, industrial, or agricultural use;]
1110          [(D) does not have plumbing or electricity;]
1111          [(E) is set back at least 300 feet from any river, stream, lake, or other body of water;
1112     and]

1113          [(F) registers with the local health department.]
1114          [(b)] (12) (a) A remote yurt is exempt from the State Construction Code including the
1115     permit requirements of the State Construction Code.
1116          [(c)] (b) Notwithstanding Subsection (12)[(b)](a), a county may by ordinance require
1117     remote yurts to comply with the State Construction Code, if the ordinance requires the remote
1118     yurts to comply with all of the following:
1119          (i) the State Construction Code;
1120          (ii) notwithstanding Section 15A-5-104, the State Fire Code; and
1121          (iii) notwithstanding Section 19-5-125, Title 19, Chapter 5, Water Quality Act, rules
1122     made under that chapter, and local health department's jurisdiction over onsite wastewater
1123     disposal.
1124          Section 12. Section 15A-5-104 is amended to read:
1125          15A-5-104. Exemptions from State Fire Code.
1126          (1) As used in this section, "remote yurt" means the same as that term is defined in
1127     [Subsection 15A-1-204(12)] Section 15A-1-202.
1128          (2) A remote yurt is exempt from the State Fire Code unless otherwise provided by
1129     ordinance in accordance with Subsection 15A-1-204(12)[(c)](b).
1130          (3) An owner of a remote yurt shall ensure that a fire extinguisher is in the remote yurt.
1131          Section 13. Section 17-27a-403 is amended to read:
1132          17-27a-403. Plan preparation.
1133          (1) (a) The planning commission shall provide notice, as provided in Section
1134     17-27a-203, of its intent to make a recommendation to the county legislative body for a general
1135     plan or a comprehensive general plan amendment when the planning commission initiates the
1136     process of preparing its recommendation.
1137          (b) The planning commission shall make and recommend to the legislative body a
1138     proposed general plan for:
1139          (i) the unincorporated area within the county; or
1140          (ii) if the planning commission is a planning commission for a mountainous planning
1141     district, the mountainous planning district.
1142          (c) (i) The plan may include planning for incorporated areas if, in the planning
1143     commission's judgment, they are related to the planning of the unincorporated territory or of

1144     the county as a whole.
1145          (ii) Elements of the county plan that address incorporated areas are not an official plan
1146     or part of a municipal plan for any municipality, unless the county plan is recommended by the
1147     municipal planning commission and adopted by the governing body of the municipality.
1148          (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
1149     and descriptive and explanatory matter, shall include the planning commission's
1150     recommendations for the following plan elements:
1151          (i) a land use element that:
1152          (A) designates the long-term goals and the proposed extent, general distribution, and
1153     location of land for housing for residents of various income levels, business, industry,
1154     agriculture, recreation, education, public buildings and grounds, open space, and other
1155     categories of public and private uses of land as appropriate; and
1156          (B) may include a statement of the projections for and standards of population density
1157     and building intensity recommended for the various land use categories covered by the plan;
1158          (ii) a transportation and traffic circulation element that:
1159          (A) provides the general location and extent of existing and proposed freeways, arterial
1160     and collector streets, public transit, active transportation facilities, and other modes of
1161     transportation that the planning commission considers appropriate;
1162          (B) addresses the county's plan for residential and commercial development around
1163     major transit investment corridors to maintain and improve the connections between housing,
1164     employment, education, recreation, and commerce; and
1165          (C) correlates with the population projections, the employment projections, and the
1166     proposed land use element of the general plan;
1167          (iii) a plan for the development of additional moderate income housing within the
1168     unincorporated area of the county or the mountainous planning district, and a plan to provide a
1169     realistic opportunity to meet the need for additional moderate income housing; and
1170          (iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
1171     and policies required by Subsection 17-27a-401(3).
1172          (b) In drafting the moderate income housing element, the planning commission:
1173          (i) shall consider the Legislature's determination that counties should facilitate a
1174     reasonable opportunity for a variety of housing, including moderate income housing:

1175          (A) to meet the needs of people of various income levels living, working, or desiring to
1176     live or work in the community; and
1177          (B) to allow people with various incomes to benefit from and fully participate in all
1178     aspects of neighborhood and community life; and
1179          (ii) shall include an analysis of how the county will provide a realistic opportunity for
1180     the development of moderate income housing within the planning horizon, which may include
1181     a recommendation to implement three or more of the following strategies:
1182          (A) rezone for densities necessary to assure the production of moderate income
1183     housing;
1184          (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
1185     construction of moderate income housing;
1186          (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
1187     income housing;
1188          (D) consider county general fund subsidies or other sources of revenue to waive
1189     construction related fees that are otherwise generally imposed by the county;
1190          (E) create or allow for, and reduce regulations related to, accessory dwelling units in
1191     residential zones;
1192          (F) allow for higher density or moderate income residential development in
1193     commercial and mixed-use zones, commercial centers, or employment centers;
1194          (G) encourage higher density or moderate income residential development near major
1195     transit investment corridors;
1196          (H) eliminate or reduce parking requirements for residential development where a
1197     resident is less likely to rely on the resident's own vehicle, such as residential development near
1198     major transit investment corridors or senior living facilities;
1199          (I) allow for single room occupancy developments;
1200          (J) implement zoning incentives for low to moderate income units in new
1201     developments;
1202          (K) utilize strategies that preserve subsidized low to moderate income units on a
1203     long-term basis;
1204          (L) preserve existing moderate income housing;
1205          (M) reduce impact fees, as defined in Section 11-36a-102, related to low and moderate

1206     income housing;
1207          (N) participate in a community land trust program for low or moderate income
1208     housing;
1209          (O) implement a mortgage assistance program for employees of the county or of an
1210     employer that provides contracted services for the county;
1211          (P) apply for or partner with an entity that applies for state or federal funds or tax
1212     incentives to promote the construction of moderate income housing;
1213          (Q) apply for or partner with an entity that applies for programs offered by the Utah
1214     Housing Corporation within that agency's funding capacity;
1215          (R) apply for or partner with an entity that applies for affordable housing programs
1216     administered by the Department of Workforce Services;
1217          (S) apply for or partner with an entity that applies for services provided by a public
1218     housing authority to preserve and create moderate income housing;
1219          (T) apply for or partner with an entity that applies for programs administered by a
1220     metropolitan planning organization or other transportation agency that provides technical
1221     planning assistance;
1222          (U) utilize a moderate income housing set aside from a community reinvestment
1223     agency, redevelopment agency, or community development and renewal agency; and
1224          [(V) reduce residential building design elements as defined in Section 10-9a-403; and]
1225          [(W)] (V) consider any other program or strategy implemented by the county to address
1226     the housing needs of residents of the county who earn less than 80% of the area median
1227     income.
1228          (c) In drafting the land use element, the planning commission shall:
1229          (i) identify and consider each agriculture protection area within the unincorporated area
1230     of the county or mountainous planning district; and
1231          (ii) avoid proposing a use of land within an agriculture protection area that is
1232     inconsistent with or detrimental to the use of the land for agriculture.
1233          (d) In drafting the transportation and traffic circulation element, the planning
1234     commission shall:
1235          (i) consider the regional transportation plan developed by its region's metropolitan
1236     planning organization, if the relevant areas of the county are within the boundaries of a

1237     metropolitan planning organization; or
1238          (ii) consider the long-range transportation plan developed by the Department of
1239     Transportation, if the relevant areas of the county are not within the boundaries of a
1240     metropolitan planning organization.
1241          (3) The proposed general plan may include:
1242          (a) an environmental element that addresses:
1243          (i) to the extent not covered by the county's resource management plan, the protection,
1244     conservation, development, and use of natural resources, including the quality of air, forests,
1245     soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
1246     and
1247          (ii) the reclamation of land, flood control, prevention and control of the pollution of
1248     streams and other waters, regulation of the use of land on hillsides, stream channels and other
1249     environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
1250     protection of watersheds and wetlands, and the mapping of known geologic hazards;
1251          (b) a public services and facilities element showing general plans for sewage, water,
1252     waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
1253     police and fire protection, and other public services;
1254          (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
1255     programs for:
1256          (i) historic preservation;
1257          (ii) the diminution or elimination of a development impediment as defined in Section
1258     17C-1-102; and
1259          (iii) redevelopment of land, including housing sites, business and industrial sites, and
1260     public building sites;
1261          (d) an economic element composed of appropriate studies and forecasts, as well as an
1262     economic development plan, which may include review of existing and projected county
1263     revenue and expenditures, revenue sources, identification of basic and secondary industry,
1264     primary and secondary market areas, employment, and retail sales activity;
1265          (e) recommendations for implementing all or any portion of the general plan, including
1266     the use of land use ordinances, capital improvement plans, community development and
1267     promotion, and any other appropriate action;

1268          (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2) or
1269     (3)(a)(i); and
1270          (g) any other element the county considers appropriate.
1271          Section 14. Section 17-27a-530 is enacted to read:
1272          17-27a-530. Regulation of building design elements prohibited -- Exceptions.
1273          (1) As used in this section, "building design element" means:
1274          (a) exterior color;
1275          (b) type or style of exterior cladding material;
1276          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
1277          (d) exterior nonstructural architectural ornamentation;
1278          (e) location, design, placement, or architectural styling of a window or door;
1279          (f) location, design, placement, or architectural styling of a garage door, not including a
1280     rear-loading garage door;
1281          (g) number or type of rooms;
1282          (h) interior layout of a room;
1283          (i) minimum square footage over 1,000 square feet, not including a garage;
1284          (j) rear yard landscaping requirements;
1285          (k) minimum building dimensions; or
1286          (l) a requirement to install front yard fencing.
1287          (2) Except as provided in Subsection (3), a county may not impose a requirement for a
1288     building design element on a one to two family dwelling.
1289          (3) Subsection (2) does not apply to:
1290          (a) a dwelling located within an area designated as a historic district in:
1291          (i) the National Register of Historic Places;
1292          (ii) the state register as defined in Section 9-8-402; or
1293          (iii) a local historic district or area, or a site designated as a local landmark, created by
1294     ordinance before January 1, 2021;
1295          (b) an ordinance enacted as a condition for participation in the National Flood
1296     Insurance Program administered by the Federal Emergency Management Agency;
1297          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
1298     Interface Code adopted under Section 15A-2-103;

1299          (d) building design elements agreed to under a development agreement;
1300          (e) a dwelling located within an area that:
1301          (i) is zoned primarily for residential use; and
1302          (ii) was substantially developed before calendar year 1950;
1303          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
1304          (g) an ordinance enacted to regulate type of cladding, in response to findings or
1305     evidence from the construction industry of:
1306          (i) defects in the material of existing cladding; or
1307          (ii) consistent defects in the installation of existing cladding; or
1308          (h) a land use regulation, including a planned unit development or overlay zone, that a
1309     property owner requests:
1310          (i) the county to apply to the owner's property; and
1311          (ii) in exchange for an increase in density or other benefit not otherwise available as a
1312     permitted use in the zoning area or district.
1313          Section 15. Section 17-36-55 is amended to read:
1314          17-36-55. Fees collected for construction approval -- Approval of plans.
1315          (1) As used in this section:
1316          (a) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
1317          [(a)] (b) "Construction project" means the same as that term is defined in Section
1318     38-1a-102.
1319          [(b)] (c) "Lodging establishment" means a place providing temporary sleeping
1320     accommodations to the public, including any of the following:
1321          (i) a bed and breakfast establishment;
1322          (ii) a boarding house;
1323          (iii) a dormitory;
1324          (iv) a hotel;
1325          (v) an inn;
1326          (vi) a lodging house;
1327          (vii) a motel;
1328          (viii) a resort; or
1329          (ix) a rooming house.

1330          [(c)] (d) "Planning review" means a review to verify that a county has approved the
1331     following elements of a construction project:
1332          (i) zoning;
1333          (ii) lot sizes;
1334          (iii) setbacks;
1335          (iv) easements;
1336          (v) curb and gutter elevations;
1337          (vi) grades and slopes;
1338          (vii) utilities;
1339          (viii) street names;
1340          (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
1341     Interface Code adopted under Section 15A-2-103; and
1342          (x) subdivision.
1343          [(d)] (e) (i) "Plan review" means all of the reviews and approvals of a plan that a
1344     county requires to obtain a building permit from the county with a scope that may not exceed a
1345     review to verify:
1346          (A) that the construction project complies with the provisions of the State Construction
1347     Code under Title 15A, State Construction and Fire Codes Act;
1348          (B) that the construction project complies with the energy code adopted under Section
1349     15A-2-103;
1350          (C) that the construction project received a planning review;
1351          (D) that the applicant paid any required fees;
1352          (E) that the applicant obtained final approvals from any other required reviewing
1353     agencies;
1354          (F) that the construction project complies with federal, state, and local storm water
1355     protection laws;
1356          (G) that the construction project received a structural review;
1357          (H) the total square footage for each building level of finished, garage, and unfinished
1358     space; and
1359          (I) that the plans include a printed statement indicating that the actual construction will
1360     comply with applicable local ordinances and the state construction codes.

1361          (ii) "Plan review" does not mean a review of a document:
1362          (A) required to be re-submitted for a construction project other than a construction
1363     project for a one to two family dwelling or townhome if additional modifications or substantive
1364     changes are identified by the plan review;
1365          (B) submitted as part of a deferred submittal when requested by the applicant and
1366     approved by the building official; or
1367          (C) that, due to the document's technical nature or on the request of the applicant, is
1368     reviewed by a third party.
1369          [(e)] (f) "State Construction Code" means the same as that term is defined in Section
1370     15A-1-102.
1371          [(f)] (g) "State Fire Code" means the same as that term is defined in Section
1372     15A-1-102.
1373          [(g)] (h) "Structural review" means:
1374          (i) a review that verifies that a construction project complies with the following:
1375          (A) footing size and bar placement;
1376          (B) foundation thickness and bar placement;
1377          (C) beam and header sizes;
1378          (D) nailing patterns;
1379          (E) bearing points;
1380          (F) structural member size and span; and
1381          (G) sheathing; or
1382          (ii) if the review exceeds the scope of the review described in Subsection (1)[(g)](h)(i),
1383     a review that a licensed engineer conducts.
1384          [(h)] (i) "Technical nature" means a characteristic that places an item outside the
1385     training and expertise of an individual who regularly performs plan reviews.
1386          (2) (a) If a county collects a fee for the inspection of a construction project, the county
1387     shall ensure that the construction project receives a prompt inspection.
1388          (b) If a county cannot provide a building inspection within three business days after the
1389     day on which the county receives the request for the inspection, the county shall promptly
1390     engage an independent inspector with fees collected from the applicant.
1391          (c) If an inspector identifies one or more violations of the State Construction Code or

1392     State Fire Code during an inspection, the inspector shall give the permit holder written
1393     notification that:
1394          (i) identifies each violation;
1395          (ii) upon request by the permit holder, includes a reference to each applicable provision
1396     of the State Construction Code or State Fire Code; and
1397          (iii) is delivered:
1398          (A) in hardcopy or by electronic means; and
1399          (B) the day on which the inspection occurs.
1400          (3) (a) A county shall complete a plan review of a construction project for a one to two
1401     family dwelling or townhome by no later than 14 business days after the day on which the [plan
1402     is submitted] applicant submits a complete building permit application to the county.
1403          (b) A county shall complete a plan review of a construction project for a residential
1404     structure built under the International Building Code, not including a lodging establishment, by
1405     no later than 21 business days after the day on which the [plan is submitted] applicant submits
1406     a complete building permit application to the county.
1407          (c) (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review
1408     before the time period described in Subsection (3)(a) or (b) expires, an applicant may request
1409     that the county complete the plan review.
1410          (ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform
1411     the plan review no later than:
1412          (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
1413     applicant makes the request; or
1414          (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
1415     applicant makes the request.
1416          (d) An applicant may:
1417          (i) waive the plan review time requirements described in this Subsection (3); or
1418          (ii) with the county's consent, establish an alternative plan review time requirement.
1419          (4) [(a)] A county may not enforce a requirement to have a plan review if:
1420          [(i)] (a) the county does not complete the plan review within the time period described
1421     in Subsection (3)(a) or (b); and
1422          [(ii)] (b) a licensed architect or structural engineer, or both when required by law,

1423     stamps the plan.     
1424          [(b)] (5) (a) A county may attach to a reviewed plan a list that includes:
1425          (i) items with which the county is concerned and may enforce during construction; and
1426          (ii) building code violations found in the plan.
1427          [(c)] (b) A county may not require an applicant to redraft a plan if the county requests
1428     minor changes to the plan that the list described in Subsection [(4)(b)] (5)(a) identifies.
1429          [(5) An applicant shall ensure that each construction project plan submitted for a plan
1430     review under this section has a statement indicating that actual construction will comply with
1431     applicable local ordinances and building codes.]
1432          (c) A county may require a single resubmittal of plans for a one or two family dwelling
1433     or townhome if the resubmission is required to address deficiencies identified by a third-party
1434     review of a geotechnical report or geological report.
1435          (6) If a county charges a fee for a building permit, the county may not refuse payment
1436     of the fee at the time the applicant submits a building permit application under Subsection (3).
1437          (7) A county may not limit the number of building permit applications submitted under
1438     Subsection (3).
1439          (8) For purposes of Subsection (3), a building permit application is complete if the
1440     application contains:
1441          (a) the name, address, and contact information of:
1442          (i) the applicant; and
1443          (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
1444     the construction project;
1445          (b) a site plan for the construction project that:
1446          (i) is drawn to scale;
1447          (ii) includes a north arrow and legend; and
1448          (iii) provides specifications for the following:
1449          (A) lot size and dimensions;
1450          (B) setbacks and overhangs for setbacks;
1451          (C) easements;
1452          (D) property lines;
1453          (E) topographical details, if the slope of the lot is greater than 10%;

1454          (F) retaining walls;
1455          (G) hard surface areas;
1456          (H) curb and gutter elevations as indicated in the subdivision documents;
1457          (I) utilities, including water meter and sewer lateral location;
1458          (J) street names;
1459          (K) driveway locations;
1460          (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
1461     Interface Code adopted under Section 15A-2-103; and
1462          (M) the location of the nearest hydrant;
1463          (c) construction plans and drawings, including:
1464          (i) elevations, only if the construction project is new construction;
1465          (ii) floor plans for each level, including the location and size of doors and windows;
1466          (iii) foundation, structural, and framing detail; and
1467          (iv) electrical, mechanical, and plumbing design;
1468          (d) documentation of energy code compliance;
1469          (e) structural calculations, except for trusses;
1470          (f) a geotechnical report, including a slope stability evaluation and retaining wall
1471     design, if:
1472          (i) the slope of the lot is greater than 15%; and
1473          (ii) required by the county; and
1474          (g) a statement indicating that actual construction will comply with applicable local
1475     ordinances and building codes.
1476          Section 16. Section 19-5-125 is amended to read:
1477          19-5-125. Yurt exemption.
1478          (1) As used in this section:
1479          (a) "Backcountry waste containment and disposal system" means a pickle pail, rocket
1480     box, tube toilet, John-E partner, or similar container used to collect and carry out waste,
1481     including fecal matter.
1482          (b) "Remote yurt" means the same as that term is defined in Subsection
1483     [15A-1-204(12)] 15A-1-202.
1484          (2) Unless otherwise provided by ordinance in accordance with Subsection

1485     15A-1-204(12)[(c)](b), a remote yurt is exempt from this chapter, rules made under this
1486     chapter, and local health department's jurisdiction over onsite wastewater disposal, except that
1487     the owner of a remote yurt shall ensure that an individual using the remote yurt uses a
1488     backcountry waste containment and disposal system and the local health department may
1489     enforce the provisions of this section.
1490          Section 17. Section 58-55-102 is amended to read:
1491          58-55-102. Definitions.
1492          In addition to the definitions in Section 58-1-102, as used in this chapter:
1493          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
1494     maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
1495     except as provided in Subsection (1)(b).
1496          (b) "Alarm business or company" does not include:
1497          (i) a person engaged in the manufacture or sale of alarm systems unless:
1498          (A) that person is also engaged in the installation, maintenance, alteration, repair,
1499     replacement, servicing, or monitoring of alarm systems;
1500          (B) the manufacture or sale occurs at a location other than a place of business
1501     established by the person engaged in the manufacture or sale; or
1502          (C) the manufacture or sale involves site visits at the place or intended place of
1503     installation of an alarm system; or
1504          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
1505     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
1506     of the alarm system owned by that owner.
1507          (2) "Alarm company agent":
1508          (a) except as provided in Subsection (2)(b), means any individual employed within this
1509     state by an alarm business; and
1510          (b) does not include an individual who:
1511          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
1512     servicing, or monitoring of an alarm system; and
1513          (ii) does not, during the normal course of the individual's employment with an alarm
1514     business, use or have access to sensitive alarm system information.
1515          (3) "Alarm system" means equipment and devices assembled for the purpose of:

1516          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
1517     premises; or
1518          (b) signaling a robbery or attempted robbery on protected premises.
1519          (4) "Apprentice electrician" means a person licensed under this chapter as an
1520     apprentice electrician who is learning the electrical trade under the immediate supervision of a
1521     master electrician, residential master electrician, a journeyman electrician, or a residential
1522     journeyman electrician.
1523          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
1524     plumber who is learning the plumbing trade under the immediate supervision of a master
1525     plumber, residential master plumber, journeyman plumber, or a residential journeyman
1526     plumber.
1527          (6) "Approved continuing education" means instruction provided through courses
1528     under a program established under Subsection 58-55-302.5(2).
1529          (7) (a) "Approved prelicensure course provider" means a provider that is the
1530     Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and
1531     Contractors, or the Utah Home Builders Association, and that meets the requirements
1532     established by rule by the commission with the concurrence of the director, to teach the
1533     25-hour course described in Subsection 58-55-302(1)(e)(iii).
1534          (b) "Approved prelicensure course provider" may only include a provider that, in
1535     addition to any other locations, offers the 25-hour course described in Subsection
1536     58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
1537     County, Utah County, Davis County, or Weber County.
1538          (8) "Board" means the Electrician Licensing Board, Alarm System Security and
1539     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
1540          (9) "Combustion system" means an assembly consisting of:
1541          (a) piping and components with a means for conveying, either continuously or
1542     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
1543     appliance;
1544          (b) the electric control and combustion air supply and venting systems, including air
1545     ducts; and
1546          (c) components intended to achieve control of quantity, flow, and pressure.

1547          (10) "Commission" means the Construction Services Commission created under
1548     Section 58-55-103.
1549          (11) "Construction trade" means any trade or occupation involving:
1550          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
1551     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
1552     or other project, development, or improvement to other than personal property; and
1553          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
1554     defined in Section 15A-1-302; or
1555          (b) installation or repair of a residential or commercial natural gas appliance or
1556     combustion system.
1557          (12) "Construction trades instructor" means a person licensed under this chapter to
1558     teach one or more construction trades in both a classroom and project environment, where a
1559     project is intended for sale to or use by the public and is completed under the direction of the
1560     instructor, who has no economic interest in the project.
1561          (13) (a) "Contractor" means any person who for compensation other than wages as an
1562     employee undertakes any work in the construction, plumbing, or electrical trade for which
1563     licensure is required under this chapter and includes:
1564          (i) a person who builds any structure on the person's own property for the purpose of
1565     sale or who builds any structure intended for public use on the person's own property;
1566          (ii) any person who represents that the person is a contractor, or will perform a service
1567     described in this Subsection (13), by advertising on a website or social media, or any other
1568     means;
1569          (iii) any person engaged as a maintenance person, other than an employee, who
1570     regularly engages in activities set forth under the definition of "construction trade";
1571          (iv) any person engaged in, or offering to engage in, any construction trade for which
1572     licensure is required under this chapter; or
1573          (v) a construction manager, construction consultant, construction assistant, or any other
1574     person who, for a fee:
1575          (A) performs or offers to perform construction consulting;
1576          (B) performs or offers to perform management of construction subcontractors;
1577          (C) provides or offers to provide a list of subcontractors or suppliers; or

1578          (D) provides or offers to provide management or counseling services on a construction
1579     project.
1580          (b) "Contractor" does not include:
1581          (i) an alarm company or alarm company agent; or
1582          (ii) a material supplier who provides consulting to customers regarding the design and
1583     installation of the material supplier's products.
1584          (14) (a) "Electrical trade" means the performance of any electrical work involved in the
1585     installation, construction, alteration, change, repair, removal, or maintenance of facilities,
1586     buildings, or appendages or appurtenances.
1587          (b) "Electrical trade" does not include:
1588          (i) transporting or handling electrical materials;
1589          (ii) preparing clearance for raceways for wiring;
1590          (iii) work commonly done by unskilled labor on any installations under the exclusive
1591     control of electrical utilities;
1592          (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
1593     hazard; or
1594          (v) work involving class two or class three power-limited circuits as defined in the
1595     National Electrical Code.
1596          (15) "Elevator" means the same as that term is defined in Section 34A-7-202, except
1597     that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
1598     incline platform lift.
1599          (16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
1600     this chapter that is engaged in the business of erecting, constructing, installing, altering,
1601     servicing, repairing, or maintaining an elevator.
1602          (17) "Elevator mechanic" means an individual who is licensed under this chapter as an
1603     elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
1604     repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
1605          (18) "Employee" means an individual as defined by the division by rule giving
1606     consideration to the definition adopted by the Internal Revenue Service and the Department of
1607     Workforce Services.
1608          (19) "Engage in a construction trade" means to:

1609          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
1610     in a construction trade; or
1611          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
1612     to believe one is or will act as a contractor.
1613          (20) (a) "Financial responsibility" means a demonstration of a current and expected
1614     future condition of financial solvency evidencing a reasonable expectation to the division and
1615     the board that an applicant or licensee can successfully engage in business as a contractor
1616     without jeopardy to the public health, safety, and welfare.
1617          (b) Financial responsibility may be determined by an evaluation of the total history
1618     concerning the licensee or applicant including past, present, and expected condition and record
1619     of financial solvency and business conduct.
1620          (21) "Gas appliance" means any device that uses natural gas to produce light, heat,
1621     power, steam, hot water, refrigeration, or air conditioning.
1622          (22) (a) "General building contractor" means a person licensed under this chapter as a
1623     general building contractor qualified by education, training, experience, and knowledge to
1624     perform or superintend construction of structures for the support, shelter, and enclosure of
1625     persons, animals, chattels, or movable property of any kind or any of the components of that
1626     construction except plumbing, electrical work, mechanical work, work related to the operating
1627     integrity of an elevator, and manufactured housing installation, for which the general building
1628     contractor shall employ the services of a contractor licensed in the particular specialty, except
1629     that a general building contractor engaged in the construction of single-family and multifamily
1630     residences up to four units may perform the mechanical work and hire a licensed plumber or
1631     electrician as an employee.
1632          (b) The division may by rule exclude general building contractors from engaging in the
1633     performance of other construction specialties in which there is represented a substantial risk to
1634     the public health, safety, and welfare, and for which a license is required unless that general
1635     building contractor holds a valid license in that specialty classification.
1636          (23) (a) "General electrical contractor" means a person licensed under this chapter as a
1637     general electrical contractor qualified by education, training, experience, and knowledge to
1638     perform the fabrication, construction, and installation of generators, transformers, conduits,
1639     raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses

1640     electrical energy.
1641          (b) The scope of work of a general electrical contractor may be further defined by rules
1642     made by the commission, with the concurrence of the director, in accordance with Title 63G,
1643     Chapter 3, Utah Administrative Rulemaking Act.
1644          (24) (a) "General engineering contractor" means a person licensed under this chapter as
1645     a general engineering contractor qualified by education, training, experience, and knowledge to
1646     perform construction of fixed works in any of the following: irrigation, drainage, water, power,
1647     water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
1648     and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
1649     specialized engineering knowledge and skill, piers, and foundations, or any of the components
1650     of those works.
1651          (b) A general engineering contractor may not perform construction of structures built
1652     primarily for the support, shelter, and enclosure of persons, animals, and chattels.
1653          (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
1654     general plumbing contractor qualified by education, training, experience, and knowledge to
1655     perform the fabrication or installation of material and fixtures to create and maintain sanitary
1656     conditions in a building by providing permanent means for a supply of safe and pure water, a
1657     means for the timely and complete removal from the premises of all used or contaminated
1658     water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
1659     occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
1660     industrial purposes.
1661          (b) The scope of work of a general plumbing contractor may be further defined by rules
1662     made by the commission, with the concurrence of the director, in accordance with Title 63G,
1663     Chapter 3, Utah Administrative Rulemaking Act.
1664          (26) "Immediate supervision" means reasonable direction, oversight, inspection, and
1665     evaluation of the work of a person:
1666          (a) as the division specifies in rule;
1667          (b) by, as applicable, a qualified electrician or plumber;
1668          (c) as part of a planned program of training; and
1669          (d) to ensure that the end result complies with applicable standards.
1670          (27) "Individual" means a natural person.

1671          (28) "Journeyman electrician" means a person licensed under this chapter as a
1672     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
1673     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
1674          (29) "Journeyman plumber" means a person licensed under this chapter as a
1675     journeyman plumber having the qualifications, training, experience, and technical knowledge
1676     to engage in the plumbing trade.
1677          (30) "Master electrician" means a person licensed under this chapter as a master
1678     electrician having the qualifications, training, experience, and knowledge to properly plan,
1679     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
1680     for light, heat, power, and other purposes.
1681          (31) "Master plumber" means a person licensed under this chapter as a master plumber
1682     having the qualifications, training, experience, and knowledge to properly plan and layout
1683     projects and supervise persons in the plumbing trade.
1684          (32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
1685     limited liability company, association, or organization of any type.
1686          (33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
1687     the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
1688     three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
1689          (i) delivery of the water supply;
1690          (ii) discharge of liquid and water carried waste;
1691          (iii) building drainage system within the walls of the building; and
1692          (iv) delivery of gases for lighting, heating, and industrial purposes.
1693          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
1694     fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
1695     safe and adequate supply of gases, together with their devices, appurtenances, and connections
1696     where installed within the outside walls of the building.
1697          (34) "Ratio of apprentices" means the number of licensed plumber apprentices or
1698     licensed electrician apprentices that are allowed to be under the immediate supervision of a
1699     licensed supervisor as established by the provisions of this chapter and by rules made by the
1700     commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
1701     Utah Administrative Rulemaking Act.

1702          (35) "Residential and small commercial contractor" means a person licensed under this
1703     chapter as a residential and small commercial contractor qualified by education, training,
1704     experience, and knowledge to perform or superintend the construction of single-family
1705     residences, multifamily residences up to four units, and commercial construction of not more
1706     than three stories above ground and not more than 20,000 square feet, or any of the components
1707     of that construction except plumbing, electrical work, mechanical work, and manufactured
1708     housing installation, for which the residential and small commercial contractor shall employ
1709     the services of a contractor licensed in the particular specialty, except that a residential and
1710     small commercial contractor engaged in the construction of single-family and multifamily
1711     residences up to four units may perform the mechanical work and hire a licensed plumber or
1712     electrician as an employee.
1713          (36) "Residential building," as it relates to the license classification of residential
1714     journeyman plumber and residential master plumber, means a single or multiple family
1715     dwelling of up to four units.
1716          (37) (a) "Residential electrical contractor" means a person licensed under this chapter
1717     as a residential electrical contractor qualified by education, training, experience, and
1718     knowledge to perform the fabrication, construction, and installation of services, disconnecting
1719     means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
1720     appliances, and fixtures in a residential unit.
1721          (b) The scope of work of a residential electrical contractor may be further defined by
1722     rules made by the commission, with the concurrence of the director, in accordance with Title
1723     63G, Chapter 3, Utah Administrative Rulemaking Act.
1724          (38) "Residential journeyman electrician" means a person licensed under this chapter
1725     as a residential journeyman electrician having the qualifications, training, experience, and
1726     knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
1727     and other purposes on buildings using primarily nonmetallic sheath cable.
1728          (39) "Residential journeyman plumber" means a person licensed under this chapter as a
1729     residential journeyman plumber having the qualifications, training, experience, and knowledge
1730     to engage in the plumbing trade as limited to the plumbing of residential buildings.
1731          (40) "Residential master electrician" means a person licensed under this chapter as a
1732     residential master electrician having the qualifications, training, experience, and knowledge to

1733     properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
1734     and equipment for light, heat, power, and other purposes on residential projects.
1735          (41) "Residential master plumber" means a person licensed under this chapter as a
1736     residential master plumber having the qualifications, training, experience, and knowledge to
1737     properly plan and layout projects and supervise persons in the plumbing trade as limited to the
1738     plumbing of residential buildings.
1739          (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
1740     as a residential plumbing contractor qualified by education, training, experience, and
1741     knowledge to perform the fabrication or installation of material and fixtures to create and
1742     maintain sanitary conditions in residential buildings by providing permanent means for a
1743     supply of safe and pure water, a means for the timely and complete removal from the premises
1744     of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
1745     incidental to life and the occupation of such premises, and a safe and adequate supply of gases
1746     for lighting, heating, and industrial purposes.
1747          (b) The scope of work of a residential plumbing contractor may be further defined by
1748     rules made by the commission, with the concurrence of the director, in accordance with Title
1749     63G, Chapter 3, Utah Administrative Rulemaking Act.
1750          (43) "Residential project," as it relates to an electrician or electrical contractor, means
1751     buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
1752     and regulations governing this work, including the National Electrical Code, and in which the
1753     voltage does not exceed 250 volts line to line and 125 volts to ground.
1754          (44) "Sensitive alarm system information" means:
1755          (a) a pass code or other code used in the operation of an alarm system;
1756          (b) information on the location of alarm system components at the premises of a
1757     customer of the alarm business providing the alarm system;
1758          (c) information that would allow the circumvention, bypass, deactivation, or other
1759     compromise of an alarm system of a customer of the alarm business providing the alarm
1760     system; and
1761          (d) any other similar information that the division by rule determines to be information
1762     that an individual employed by an alarm business should use or have access to only if the
1763     individual is licensed as provided in this chapter.

1764          (45) (a) "Specialty contractor" means a person licensed under this chapter under a
1765     specialty contractor classification established by rule, who is qualified by education, training,
1766     experience, and knowledge to perform those construction trades and crafts requiring
1767     specialized skill, the regulation of which are determined by the division to be in the best
1768     interest of the public health, safety, and welfare.
1769          (b) A specialty contractor may perform work in crafts or trades other than those in
1770     which the specialty contractor is licensed if they are incidental to the performance of the
1771     specialty contractor's licensed craft or trade.
1772          (46) "Unincorporated entity" means an entity that is not:
1773          (a) an individual;
1774          (b) a corporation; or
1775          (c) publicly traded.
1776          (47) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
1777     and 58-55-501.
1778          (48) "Unprofessional conduct" means the same as that term is defined in Sections
1779     58-1-501 and 58-55-502 and as may be further defined by rule.
1780          (49) "Wages" means amounts due to an employee for labor or services whether the
1781     amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
1782     the amount.
1783          Section 18. Section 58-55-302.5 is amended to read:
1784          58-55-302.5. Continuing education requirements for contractor licensees --
1785     Continuing education courses.
1786          (1) (a) Each contractor licensee under a license issued under this chapter shall complete
1787     six hours of approved continuing education during each two-year renewal cycle established by
1788     rule under Subsection 58-55-303(1).
1789          (b) Each contractor licensee who has a renewal cycle that ends on or after January 1,
1790     2020, shall complete one hour of approved continuing education on energy conservation as part
1791     of the six required hours.
1792          (2) (a) The commission shall, with the concurrence of the division, establish by rule a
1793     program of approved continuing education for contractor licensees.
1794          (b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only

1795     courses offered by any of the following may be included in the program of approved continuing
1796     education for contractor licensees:
1797          (i) the Associated General Contractors of Utah;
1798          (ii) Associated Builders and Contractors, Utah Chapter;
1799          (iii) the Utah Home Builders Association [of Utah];
1800          (iv) the National Electrical Contractors Association Intermountain Chapter;
1801          (v) the Utah Plumbing & Heating Contractors Association;
1802          (vi) the Independent Electrical Contractors of Utah;
1803          (vii) the Rocky Mountain Gas Association;
1804          (viii) the Utah Mechanical Contractors Association;
1805          (ix) the Sheet Metal Contractors Association;
1806          (x) the Intermountain Electrical Association;
1807          (xi) the Builders Bid Service of Utah; or
1808          (xii) Utah Roofing Contractors Association.
1809          (c) An approved continuing education program for a contractor licensee may include a
1810     course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
1811          (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
1812     Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
1813     courses to a licensee who is a member of the entity.
1814          (ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a
1815     continuing education course that the entity offers to satisfy the continuing education
1816     requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade.
1817          (iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
1818     continuing education course that the entity offers to satisfy the continuing education
1819     requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade.
1820          (e) On or after June 1, 2015, an approved continuing education program for a
1821     contractor licensee may include a course offered and taught by:
1822          (i) a state executive branch agency;
1823          (ii) the workers' compensation insurance carrier that provides workers' compensation
1824     insurance under Section 31A-22-1001; or
1825          (iii) a nationally or regionally accredited college or university that has a physical

1826     campus in the state.
1827          (f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
1828     contractor classification of HVAC contractor, at least three of the six hours described in
1829     Subsection (1) shall include continuing education directly related to the installation, repair, or
1830     replacement of a heating, ventilation, or air conditioning system.
1831          (3) The division may contract with a person to establish and maintain a continuing
1832     education registry to include:
1833          (a) a list of courses that the division has approved for inclusion in the program of
1834     approved continuing education; and
1835          (b) a list of courses that:
1836          (i) a contractor licensee has completed under the program of approved continuing
1837     education; and
1838          (ii) the licensee may access to monitor the licensee's compliance with the continuing
1839     education requirement established under Subsection (1).
1840          (4) The division may charge a fee, as established by the division under Section
1841     63J-1-504, to administer the requirements of this section.
1842          Section 19. Section 63N-3-603 is amended to read:
1843          63N-3-603. Applicability, requirements, and limitations on a housing and transit
1844     reinvestment zone.
1845          (1) A housing and transit reinvestment zone proposal created under this part shall
1846     promote the following objectives:
1847          (a) higher utilization of public transit;
1848          (b) increasing availability of housing, including affordable housing;
1849          (c) conservation of water resources through efficient land use;
1850          (d) improving air quality by reducing fuel consumption and motor vehicle trips;
1851          (e) encouraging transformative mixed-use development and investment in
1852     transportation and public transit infrastructure in strategic areas;
1853          (f) strategic land use and municipal planning in major transit investment corridors as
1854     described in [Subsections 10-9a-403(3) and (4)] Subsection 10-9a-403(2); and
1855          (g) increasing access to employment and educational opportunities.
1856          (2) In order to accomplish the objectives described in Subsection (1), a municipality or

1857     public transit county that initiates the process to create a housing and transit reinvestment zone
1858     as described in this part shall ensure that the proposal for a housing and transit reinvestment
1859     zone includes:
1860          (a) except as provided in Subsection (3), at least 10% of the proposed housing units
1861     within the housing and transit reinvestment zone are affordable housing units;
1862          (b) a dedication of at least 51% of the developable area within the housing and transit
1863     reinvestment zone to residential development with an average of 50 multi-family dwelling
1864     units per acre or greater; and
1865          (c) mixed-use development.
1866          (3) A municipality or public transit county that, at the time the housing and transit
1867     reinvestment zone proposal is approved by the housing and transit reinvestment zone
1868     committee, meets the affordable housing guidelines of the United States Department of
1869     Housing and Urban Development at 60% area median income is exempt from the requirement
1870     described in Subsection (2)(a).
1871          (4) A municipality or public transit county may only propose a housing and transit
1872     reinvestment zone that:
1873          (a) subject to Subsection (5):
1874          (i) (A) for a municipality, does not exceed a 1/3 mile radius of a commuter rail station;
1875     or
1876          (B) for a public transit county, does not exceed a 1/3 mile radius of a public transit
1877     hub; and
1878          (ii) has a total area of no more than 125 noncontiguous square acres;
1879          (b) subject to Section 63N-3-607, proposes the capture of a maximum of 80% of each
1880     taxing entity's tax increment above the base year for a term of no more than 25 consecutive
1881     years on each parcel within a 45-year period not to exceed the tax increment amount approved
1882     in the housing and transit reinvestment zone proposal; and
1883          (c) the commencement of collection of tax increment, for all or a portion of the
1884     housing and transit reinvestment zone, will be triggered by providing notice as described in
1885     Subsection (6).
1886          (5) If a parcel is bisected by the 1/3 mile radius, the full parcel may be included as part
1887     of the housing and transit reinvestment zone area and will not count against the limitations

1888     described in Subsection (4)(a).
1889          (6) The notice of commencement of collection of tax increment required in Subsection
1890     (4)(c) shall be sent by mail or electronically to:
1891          (a) the tax commission;
1892          (b) the State Board of Education;
1893          (c) the state auditor;
1894          (d) the auditor of the county in which the housing and transit reinvestment zone is
1895     located;
1896          (e) each taxing entity affected by the collection of tax increment from the housing and
1897     transit reinvestment zone; and
1898          (f) the Governor's Office of Economic Development.
1899          Section 20. Effective date.
1900          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1901     elected to each house, this bill takes effect upon approval by the governor, or the day following
1902     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1903     signature, or in the case of a veto, the date of veto override.
1904          (2) Section 15A-1-204 (Effective 07/01/21) takes effect on July 1, 2021.