58-56-21 - Review of building inspection.
58-56-21. Review of building inspection.
(1) As used in this section, "International Residential Code" means the InternationalResidential Code adopted as a state construction code under Section 58-56-4.
(2) Subject to Subsection (3), a city or county shall, by ordinance, provide for review ofan inspection conducted by the city's or county's building inspector for a single-family residentialbuilding permit.
(3) Upon request by a person seeking a single-family residential building permit, a chiefexecutive officer of the municipal or county issuing the single-family residential building permit,or the chief executive officer's designee, shall, with reasonable diligence, review an inspectiondescribed in Subsection (2) to determine whether the inspection constitutes a fair administrationof the building code.
(4) A review described in this section:
(a) is separate and unrelated to an appeal under the International Residential Code;
(b) may not be used to review a matter that may be brought by appeal under theInternational Residential Code;
(c) may not result in the waiver or modification of an International Residential Coderequirement or standard;
(d) may not conflict with an appeal, or the result of an appeal, under the InternationalResidential Code; and
(e) does not prohibit a person from bringing an appeal under the International ResidentialCode.
(5) A person who seeks a review described in this section may not be prohibited bypreclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under theInternational Residential Code on the grounds that the person raised the issue or brought theclaim in the review described in this section.
Amended by Chapter 310, 2010 General Session