38-1-31 - Building permit -- Construction -- Notice registry -- Notice of commencement of work.
38-1-31. Building permit -- Construction -- Notice registry -- Notice ofcommencement of work.
(1) (a) (i) (A) For a construction project where a building permit is issued to an originalcontractor or owner-builder, no later than 15 days after the issuance of the building permit:
(I) the local government entity issuing that building permit shall input the buildingpermit application and transmit the building permit information to the database electronically byway of the Internet or computer modem or by any other means; or
(II) the original contractor, owner, or owner-builder may file a notice of commencementwith the database whether or not a building permit is issued or a notice of commencement is filedunder Subsection (1)(a)(i)(A)(I).
(B) The information submitted under Subsection (1)(a)(i)(A) forms the basis of a noticeof commencement.
(ii) The person to whom a building permit, filed under Subsection (1)(a)(i), is issued isresponsible for the accuracy of the information in the building permit.
(iii) For the purposes of classifying a record under Title 63G, Chapter 2, GovernmentRecords Access and Management Act, building permit information transmitted from a localgovernmental entity to the database shall be classified in the database by the divisionnotwithstanding the local governmental entity's classification of the building permit information.
(b) No later than 15 days after commencement of physical construction work at theproject site, the original contractor, owner, or owner-builder may file a notice of commencementwith the database whether or not a building permit is issued or a notice of commencement is filedunder Subsection (1)(a).
(c) An original contractor, owner, or owner-builder may file a notice of commencementwith the designated agent prior to the time frames established in Subsections (1)(a) and (b).
(d) An owner of construction or an original contractor may file a notice ofcommencement with the designated agent within the time prescribed by Subsections (1)(a) and(b).
(e) (i) If duplicate notices of commencement are filed, they shall be combined into onenotice for each project and any notices filed relate back to the date of the earliest-filed notice ofcommencement for the project.
(ii) A duplicate notice of commencement that is untimely filed relates back underSubsection (1)(e)(i) if the earlier filed notice of commencement is timely filed.
(iii) Duplicate notices of commencement shall be automatically linked by the designatedagent.
(f) The designated agent shall assign each construction project a unique project numberthat:
(i) identifies each construction project; and
(ii) can be associated with all notices of commencement, preliminary notices, and noticesof completion.
(g) A notice of commencement is effective only as to any labor, service, equipment, andmaterial furnished to the construction project that is furnished subsequent to the filing of thenotice of commencement.
(2) (a) A notice of commencement shall include the following:
(i) the name and address of the owner of the project;
(ii) the name and address of the:
(A) original contractor; and
(B) surety providing any payment bond for the project, or if none exists, a statement thata payment bond was not required for the work being performed; and
(iii) (A) the project address if the project can be reasonably identified by an address; or
(B) the name and general description of the location of the project if the project cannotbe reasonably identified by an address.
(b) A notice of commencement may include:
(i) a general description of the project; or
(ii) the lot or parcel number, and any subdivision, development, or other project name, ofthe real property upon which the project is to be constructed if the project is subject to mechanics'liens.
(c) A notice of commencement need not include all of the items listed in Subsection(2)(a) if:
(i) a building permit is issued for the project; and
(ii) all items listed in Subsection (2)(a) that are available on the building permit areincluded in the notice of commencement.
(3) If a notice of commencement for a construction project is not filed within the time setforth in Subsections(1)(a) and (b), the following do not apply:
(a) Section 38-1-32; and
(b) Section 38-1-33.
(4) (a) Unless a person indicates to the division or designated agent that the person doesnot wish to receive a notice under this section, electronic notice of the filing of a notice ofcommencement or alternate notice as prescribed in Subsection (1), shall be provided to:
(i) all persons who have filed notices of commencement for the project; and
(ii) all interested persons who have requested notices concerning the project.
(b) (i) A person to whom notice is required under Subsection (4)(a) is responsible for:
(A) providing an e-mail address, mailing address, or telefax number to which a noticerequired by Subsection (4)(a) is to be sent; and
(B) the accuracy of any e-mail address, mailing address, or telefax number to whichnotice is to be sent.
(ii) The designated agent fulfills the notice requirement of Subsection (4)(a) when itsends the notice to the e-mail address, mailing address, or telefax number provided to thedesignated agent whether or not the notice is actually received.
(5) (a) The burden is upon any person seeking to enforce a notice of commencement toverify the accuracy of information in the notice of commencement and prove that the notice ofcommencement is filed timely and meets all of the requirements in this section.
(b) A substantial inaccuracy in a notice of commencement renders the notice ofcommencement unenforceable.
(c) A person filing a notice of commencement by alternate filing is responsible forverifying and changing any incorrect information in the notice of commencement before theexpiration of the time period during which the notice is required to be filed.
(6) At the time a building permit is obtained, each original contractor shall conspicuouslypost at the project site a copy of the building permit obtained for the project.
Amended by Chapter 50, 2009 General Session