34-461
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34-461. Applicability of local codes; exception; definition A. Public buildings shall be constructed in compliance with the state fire code unless a fire code has been adopted by the city, town, county or fire district in which the building is located. Public buildings shall be constructed in compliance with applicable building, plumbing, electrical, fire prevention and mechanical codes adopted by the city, town, county or fire district in which the building is located. The owner of the public building is subject to the same fees required of other persons. Public buildings are subject to inspection during construction pursuant to these codes to determine compliance. B. If a public building is built in an area that has not adopted local codes, the building shall be designed or constructed according to the state fire code adopted by the state fire marshal and the building, plumbing, electrical, fire prevention and mechanical codes that apply in the largest city in the county in which the building is located. C. Public buildings are subject to those codes that apply and are in effect when the building is designed or constructed and to the currently adopted codes when a building is found to be structurally unsafe, without adequate egress or a fire hazard or is otherwise dangerous to human life. D. Subsections A and B do not apply to state owned buildings except for the application of the fire code in effect where a state owned building is located. State department of corrections facilities are exempt from the application of the local fire code in the absence of an intergovernmental agreement between the state department of corrections and the governmental entity responsible for enforcing any local fire code. E. Notwithstanding subsection A, cities prescribed in section 41-2163, subsection A, paragraph 2 do not have authority that supersedes and are not exempt from the state fire safety committee's established fire code in state or county owned buildings and public schools wherever located throughout the state. F. For the purposes of this section, "public building" means a building or appurtenance to a building that is built in whole or in part with public monies. |