58-56-4 - Adoption of state construction code -- Amendments -- Approval of other codes -- Exemptions.
58-56-4. Adoption of state construction code -- Amendments -- Approval of othercodes -- Exemptions.
(1) (a) A state construction code is a construction code adopted with any modifications inaccordance with this section that the state and each political subdivision of the state shall follow.
(b) A person shall comply with the applicable state construction code when:
(i) new construction is involved; and
(ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
(A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,conservation, or reconstruction of the building; or
(B) changing the character or use of the building in a manner that increases theoccupancy loads, other demands, or safety risks of the building.
(c) On and after July 1, 2010, a state construction code is the state construction code ineffect on July 1, 2010, until in accordance with this section:
(i) a new state construction code is adopted; or
(ii) one or more provisions of the state construction code are amended or repealed inaccordance with this section.
(d) A provision of a state construction code may be applicable:
(i) to the entire state; or
(ii) within a county, city, or town.
(2) (a) The Legislature shall adopt a state construction code by enacting legislation thatadopts a construction code with any modifications.
(b) Legislation enacted under this Subsection (2) shall state that it takes effect on the July1 after the day on which the legislation is enacted, unless otherwise stated in the legislation.
(c) Subject to Subsection (5), a state construction code adopted by the Legislature is thestate construction code until in accordance with this section the Legislature adopts a new stateconstruction code by:
(i) adopting a new state construction code in its entirety; or
(ii) amending or repealing one or more provisions of the state construction code.
(3) (a) The commission shall by no later than November 30 of each year recommend tothe Business and Labor Interim Committee whether the Legislature should:
(i) amend or repeal one or more provisions of a state construction code; or
(ii) in a year of a regularly scheduled update of a nationally recognized code, adopt aconstruction code with any modifications.
(b) The commission may recommend legislative action related to a state constructioncode:
(i) on its own initiative;
(ii) upon the recommendation of the division; or
(iii) upon the receipt of a request by one of the following that the commissionrecommend legislative action related to the state construction code:
(A) a local regulator;
(B) a state regulator;
(C) a state agency involved with the construction and design of a building;
(D) the Construction Services Commission;
(E) the Electrician Licensing Board;
(F) the Plumbers Licensing Board; or
(G) a recognized construction-related association.
(4) If the Business and Labor Interim Committee decides to recommend legislativeaction to the Legislature, the Business and Labor Interim Committee shall prepare legislation forconsideration by the Legislature in the next general session that if passed by the Legislaturewould:
(a) adopt a new state construction code in its entirety; or
(b) amend or repeal one or more provisions of a state construction code.
(5) (a) Notwithstanding Subsection (3), the commission may, in accordance with Title63G, Chapter 3, Utah Administrative Rulemaking Act, amend a state construction code if thecommission determines that waiting for legislative action in the next general legislative sessionwould:
(i) cause an imminent peril to the public health, safety, or welfare; or
(ii) place a person in violation of federal or other state law.
(b) If the commission amends a state construction code in accordance with thisSubsection (5), the commission shall file with the division:
(i) the text of the amendment to the state construction code; and
(ii) an analysis that includes the specific reasons and justifications for the commission'sfindings.
(c) If a state construction code is amended under this Subsection (5), the division shall:
(i) publish the amendment to the state construction code in accordance with Section58-56-6; and
(ii) notify the Business and Labor Interim Committee of the amendment to the stateconstruction code, including a copy of the commission's analysis described in Subsection (5)(b).
(d) If not formally adopted by the Legislature at its next annual general session, anamendment to a state construction code under this Subsection (5) is repealed on the July 1immediately following the next annual general session that follows the adoption of theamendment.
(6) (a) The division, in consultation with the commission, may approve, withoutadopting, one or more approved codes, including a specific edition of a state construction code,for use by a compliance agency.
(b) If the code adopted by a compliance agency is an approved code described inSubsection (6)(a), the compliance agency may:
(i) adopt an ordinance requiring removal, demolition, or repair of a building;
(ii) adopt, by ordinance or rule, a dangerous building code; or
(iii) adopt, by ordinance or rule, a building rehabilitation code.
(7) (a) Except as provided in Subsection (7)(b), a structure used solely in conjunctionwith agriculture use, and not for human occupancy, is exempt from the permit requirements of astate construction code.
(b) (i) Unless exempted by a provision other than Subsection (7)(a), a plumbing,electrical, and mechanical permit may be required when that work is included in a structuredescribed in Subsection (7)(a).
(ii) Unless located in whole or in part in an agricultural protection area created underTitle 17, Chapter 41, Agriculture and Industrial Protection Area, a structure described inSubsection (7)(a) is not exempt from a permit requirement if the structure is located on land thatis:
(A) (I) within the boundaries of a city or town; and
(II) less than five contiguous acres; or
(B) (I) within a subdivision for which the county has approved a subdivision plat underTitle 17, Chapter 27a, Part 6, Subdivisions; and
(II) less than two contiguous acres.
Amended by Chapter 310, 2010 General Session
Amended by Chapter 372, 2010 General Session