58-56-8 - Compliance with codes -- Responsibility for inspections -- Appeals.
58-56-8. Compliance with codes -- Responsibility for inspections -- Appeals.
(1) The responsibility for inspection of construction projects and enforcement ofcompliance with provisions of the codes shall be with the compliance agency having jurisdictionover the project and the applicable codes.
(2) A finding by a compliance agency that a licensed contractor, electrician, or plumberhas materially violated the provisions of a code in a manner to jeopardize the public health,safety, and welfare and failed to comply with corrective orders of the compliance agency shall befurnished in writing to the division by the compliance agency. It is the responsibility of thecompliance agency to conduct a primary investigation to determine that, in fact, there has been amaterial violation of the provisions of the code jeopardizing the public interest and provide thereport of investigation to the division.
(3) Each compliance agency shall establish a method of appeal by which a persondisputing the application and interpretation of a code may appeal and receive a timely review ofthe disputed issues in accordance with the codes adopted or approved under Section 58-56-4. If acompliance agency refuses to establish a method of appeal, the commission shall act as theappeals board and conduct a hearing within 45 days. The findings of the commission shall bebinding. An appeals board established under this section shall have no authority to interpret theadministrative provisions of the codes nor shall the appeals board be empowered to waiverequirements of the codes.
Amended by Chapter 75, 2002 General Session