Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 281 First Substitute (2017GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals, for certain municipalities in the state, provisions related to structural requirements for fire safety, fire notification systems, and fire suppression systems;
• provides that a political subdivision may not require a structure or subdivision of structures to have a given fire flow rate or a fire sprinkler system under certain circumstances;
• repeals a provision related to the applicability of state construction code local amendments; and
• repeals, for certain municipalities in the state, a provision related to structures intended to store farm animals.

Every vote on this bill

Bill text

CONSTRUCTION AND FIRE CODES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends and repeals provisions related to the state construction and fire codes.
Highlighted Provisions:
This bill:
▸ repeals, for certain municipalities in the state, provisions related to structural
requirements for fire safety, fire notification systems, and fire suppression systems;
▸ provides that a political subdivision may not require a structure or subdivision of
structures to have a given fire flow rate or a fire sprinkler system under certain
circumstances;
▸ repeals a provision related to the applicability of state construction code local
amendments; and
▸ repeals, for certain municipalities in the state, a provision related to structures
intended to store farm animals.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
15A-1-403
, as last amended by Laws of Utah 2016, Chapter 249
15A-4-105
, as enacted by Laws of Utah 2011, Chapter 14
15A-4-107
, as last amended by Laws of Utah 2016, Chapter 249
15A-4-201
, as last amended by Laws of Utah 2014, Chapter 189
REPEALS:
15A-4-102
, as enacted by Laws of Utah 2011, Chapter 14
15A-4-103
, as last amended by Laws of Utah 2016, Chapter 249
15A-4-104
, as enacted by Laws of Utah 2011, Chapter 14
15A-4-202
, as enacted by Laws of Utah 2011, Chapter 14
15A-4-203
, as last amended by Laws of Utah 2016, Chapter 249
15A-4-204
, as enacted by Laws of Utah 2011, Chapter 14
15A-4-205
, as enacted by Laws of Utah 2011, Chapter 14
15A-5-401
, as last amended by Laws of Utah 2013, Chapter 199
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
15A-1-403
 is amended to read:
15A-1-403.
Adoption of State Fire Code.
(1) (a) The State Fire Code is:
(i) a code promulgated by a nationally recognized code authority that is adopted by the
Legislature under this section with any modifications; and
(ii) a code to which cities, counties, fire protection districts, and the state shall adhere
in safeguarding life and property from the hazards of fire and explosion.
(b) On and after July 1, 2010, the State Fire Code is the State Fire Code in effect on
July 1, 2010, until in accordance with this section:
(i) a new State Fire Code is adopted; or
(ii) one or more provisions of the State Fire Code are amended or repealed in
accordance with this section.
(c) A provision of the State Fire Code may be applicable:
(i) to the entire state; or
(ii) within a city, county, or fire protection district.
(2) (a) The Legislature shall adopt a State Fire Code by enacting legislation that adopts
a nationally recognized fire code with any modifications.
(b) Legislation described in Subsection (2)(a) shall state that the legislation takes effect
on the July 1 after the day on which the legislation is enacted, unless otherwise stated in the
legislation.
(c) Subject to Subsection (6), a State Fire Code adopted by the Legislature is the State
Fire Code until in accordance with this section the Legislature adopts a new State Fire Code by:
(i) adopting a new State Fire Code in its entirety; or
(ii) amending or repealing one or more provisions of the State Fire Code.
(3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
recognized fire code, the board shall prepare a report described in Subsection (4).
(b) For the provisions of a nationally recognized fire code that apply only to detached
one- and two-family dwellings and townhouses not more than three stories above grade plane
in height with separate means of egress and their accessory structures, the board shall:
(i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
second update of the nationally recognized fire code; and
(ii) not prepare a report described in Subsection (4) in 2018.
(4) (a) In accordance with Subsection (3), on or before September 1 of the same year as
the year designated in the title of an update of a nationally recognized fire code, the board shall
prepare and submit a report to the Business and Labor Interim Committee that:
(i) states whether the board recommends the Legislature adopt the update with any
modifications; and
(ii) describes the costs and benefits of each recommended change in the update or in
any modification.
(b) After the Business and Labor Interim Committee receives the report described in
Subsection (4)(a), the Business and Labor Interim Committee shall:
(i) study the recommendations during the remainder of the interim; and
(ii) if the Business and Labor Interim Committee decides to recommend legislative
action to the Legislature, prepare legislation for consideration by the Legislature in the next
general session.
(5) (a) (i) The board shall, by no later than November 30 of each year in which the
board is not required to submit a report described in Subsection (4), recommend in a report to
the Business and Labor Interim Committee whether the Legislature should amend or repeal one
or more provisions of the State Fire Code.
(ii) As part of a recommendation described in Subsection (5)(a)(i), the board shall
describe the costs and benefits of each proposed amendment or repeal.
(b) The board may recommend legislative action related to the State Fire Code:
(i) on its own initiative; or
(ii) upon the receipt of a request by a city, county, or fire protection district that the
board recommend legislative action related to the State Fire Code.
(c) Within 45 days after the day on which the board receives a request under
Subsection (5)(b), the board shall direct the division to convene an informal hearing concerning
the request.
(d) The board shall conduct a hearing under this section in accordance with the rules of
the board.
(e) The board shall decide whether to include the request in the report described in
Subsection (5)(a).
(f) (i) Within 15 days after the day on which the board conducts a hearing, the board
shall direct the division to notify the entity that made the request of the board's decision
regarding the request.
(ii) The division shall provide the notice:
(A) in writing; and
(B) in a form prescribed by the board.
(g) If the Business and Labor Interim Committee decides to recommend legislative
action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
for consideration by the Legislature in the next general session that, if passed by the
Legislature, would amend or repeal one or more provisions of the State Fire Code.
(6) (a) Notwithstanding the provisions of this section, the board may, in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend a State Fire Code if
the board determines that waiting for legislative action in the next general legislative session
would:
(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 board amends a State Fire Code in accordance with this Subsection (6), the
board shall:
(i) publish the State Fire Code with the amendment; and
(ii) notify the Business and Labor Interim Committee of the adoption, including a copy
of an analysis by the board identifying specific reasons and justifications for its findings.
(c) If not formally adopted by the Legislature at the next annual general session, an
amendment to a State Fire Code adopted under this Subsection (6) is repealed on the July 1
immediately following the next annual general session that follows the adoption of the
amendment.
(7) (a) Except as provided in Subsection (7)(b), a legislative body of a political
subdivision may enact an ordinance in the political subdivision's fire code that is more
restrictive than the State Fire Code:
(i) in order to meet a public safety need of the political subdivision; and
(ii) subject to the requirements of Subsection (7)(c).
(b) Except as provided in Subsections (7)(c), (10), and (11), or as expressly provided in
state law, a political subdivision may not, after December 1, 2016, enact or enforce a rule or
ordinance that applies to a structure built in accordance with the International Residential
Code, as adopted in the State Construction Code, that is more restrictive than the State Fire
Code.
(c) [
A
] 
(i) Except as provided in Subsection (7)(c)(ii), a
 political subdivision may
adopt:
[
(i)
] 
(A)
 the appendices of the International Fire Code[
, 2015 edition
]; and
[
(ii)
] 
(B)
 a fire sprinkler ordinance in accordance with Section 
15A-5-203
. 
(ii) If a political subdivision adopts International Fire Code Appendix B, the political
subdivision may not require:
(A) a subdivision of structures built in accordance with the International Residential
Code to have a fire flow rate that is greater than 2000 gallons per minute;
(B) an individual structure built in accordance with the International Residential Code
to have a fire flow rate greater than that required under Subsection 
15A-5-203
(1)(a); or
(C) a one- or two-family dwelling or a town home to have a fire sprinkler system,
except in accordance with Section 
15A-5-203
.
(d) A legislative body of a political subdivision that enacts an ordinance under
Subsection (7)(a) shall:
(i) notify the board in writing at least 30 days before the day on which the legislative
body enacts the ordinance and include in the notice a statement as to the proposed subject
matter of the ordinance; and
(ii) after the legislative body enacts the ordinance, report to the board before the board
makes the report required under Subsection (7)(e), including providing the board:
(A) a copy of the ordinance enacted under this Subsection (7); and
(B) a description of the public safety need that is the basis of enacting the ordinance.
(e) The board shall submit to the Business and Labor Interim Committee each year
with the recommendations submitted in accordance with Subsection (4):
(i) a list of the ordinances enacted under this Subsection (7) during the fiscal year
immediately preceding the report; and
(ii) recommendations, if any, for legislative action related to an ordinance enacted
under this Subsection (7).
(f) (i) The state fire marshal shall keep an indexed copy of an ordinance enacted under
this Subsection (7).
(ii) The state fire marshal shall make a copy of an ordinance enacted under this
Subsection (7) available on request.
(g) The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish procedures for a legislative body of a political
subdivision to follow to provide the notice and report required under this Subsection (7).
(8) Except as provided in Subsections (9), (10), and (11), or as expressly provided in
state law, a state executive branch entity may not, after December 1, 2016, adopt or enforce a
rule or requirement that:
(a) is more restrictive than the State Fire Code; and
(b) applies to detached one- and two-family dwellings and townhouses not more than
three stories above grade plane in height with a separate means of egress and their accessory
structures.
(9) A state government entity may adopt a rule or requirement regarding a residential
occupancy that is regulated by:
(a) the State Fire Prevention Board;
(b) the Department of Health; or
(c) the Department of Human Services.
(10) A state executive branch entity or political subdivision of the state may:
(a) enforce a federal law or regulation;
(b) adopt or enforce a rule, ordinance, or requirement if the rule, ordinance, or
requirement applies only to a facility or construction owned or used by a state entity or a
political subdivision of the state; or
(c) enforce a rule, ordinance, or requirement:
(i) that the state executive branch entity or political subdivision adopted or made
effective before July 1, 2015; and
(ii) for which the state executive branch entity or political subdivision can demonstrate,
with substantial evidence, that the rule, ordinance, or requirement is necessary to protect an
individual from a condition likely to cause imminent injury or death.
(11) The Department of Health or the Department of Environmental Quality may
enforce a rule or requirement adopted before January 1, 2015.
Section 2. Section 
15A-4-105
 is amended to read:
15A-4-105.
Amendments to IBC applicable to Park City Corporation or Park
City Fire District.
(1) The following amendment is adopted as an amendment to the IBC for the Park City
Corporation, in IBC, Section 3409.2, exception 3, is modified to read as follows: "3. 
Designated as historic under a state or local historic preservation program."
(2) The following amendments are adopted as amendments to the IBC for the Park City
Corporation and Park City Fire District:
(a) IBC, Section (F)903.2, is deleted and replaced with the following: "(F)903.2 Where
required. Approved automatic sprinkler systems in new buildings and structures shall be
provided in the location described in this section.
1.
 All new construction having more than 6,000 square feet on any one floor, except R-3
occupancy.
2.
 All new construction having more than two (2) stories, except R-3 occupancy.
[
All new construction having three (3) or more dwelling units, including units rented or leased,
and including condominiums or other separate ownership.
]
3.
 All new construction in the Historic Commercial Business zone district, regardless of
occupancy.
4.
 All new construction and buildings in the General Commercial zone district where there are
side yard setbacks or where one or more side yard setbacks is less than two and one half (2.5)
feet per story of height.
5.
 All existing building within the Historic District Commercial Business zone."
; and
(b) In IBC, Table 1505.1, new footnotes d and e are added as follows: "d. Wood roof
covering assemblies are prohibited in R-3 occupancies in areas with a combined rating of more
than 11 using Tables 1505.1.1 and 1505.1.2 with a score of 9 for weather factors.
e. Wood roof covering assemblies shall have a Class A rating in occupancies other than R-3 in
areas with a combined rating of more than 11 using Tables 1505.1.1 and 1505.1.2 with a score
of 9 for weather factors. The owner of the building shall enter into a written and recorded
agreement that the Class A rating of the roof covering assembly will not be altered through any
type of maintenance process.
TABLE 1505.1.1
WILDFIRE HAZARD SEVERITY SCALE
RATING
SLOPE
VEGETATION
less than or equal to 10%
Pinion-juniper
10.1 - 20%
Grass-sagebrush
greater than 20%
Mountain brush or softwoods
TABLE 1505.1.2
PROHIBITION/ALLOWANCE OF WOOD ROOFING
Rating
R-3 Occupancy
All Other Occupancies
Less than or equal to 11
Wood roof covering
assemblies per Table 1505.1
are allowed
Wood roof covering
assemblies per Table 1505.1
are allowed
Greater than or equal to 12
Wood roof covering is
prohibited
Wood roof covering
assemblies with a Class A
rating are allowed"
[
(c) IBC, Appendix C, is adopted.
]
Section 3. Section 
15A-4-107
 is amended to read:
15A-4-107.
Amendments to IBC applicable to Sandy City.
The following amendments are adopted as amendments to the IBC for Sandy City:
(1) A new IBC, Section (F)903.2.13, is added as follows: "(F)903.2.13 An automatic
sprinkler system shall be installed in accordance with NFPA 13 throughout buildings
containing all occupancies where fire flow exceeds 2,000 gallons per minute, based on Table
B105.1 of the 2015 International Fire Code. [
Exempt locations as indicated in Section
903.3.1.1.1 are allowed
] 
A one- or two-family dwelling or a town home is not required to have
a fire sprinkler system except in accordance with Section 
15A-5-203."
[
Exception: Automatic fire sprinklers are not required in buildings used solely for worship,
Group R Division 3, Group U occupancies and buildings complying with the International
Residential Code unless otherwise required by the International Fire Code.
]
(2) A new IBC, Appendix L, is added and adopted as follows: "Appendix L
BUILDINGS AND STRUCTURES CONSTRUCTED IN AREAS DESIGNATED AS
WILDLAND-URBAN INTERFACE AREAS
AL 101.1 General. Buildings and structures constructed in areas designated as Wildland-Urban
Interface Areas by Sandy City shall be constructed using ignition resistant construction as
determined by the Fire Marshal. Section 502 of the 2006 International Wildland-Urban
Interface Code (IWUIC), as promulgated by the International Code Council, shall be used to
determine Fire Hazard Severity. The provisions listed in Chapter 5 of the 2006 International
Wildland-Urban Interface Code, as modified herein, shall be used to determine the
requirements for Ignition Resistant Construction.
"
[
(i)
] 
(3)
 In Section 504 of the IWUIC Class I IGNITION-RESISTANT CONSTRUCTION a
new Section 504.1.1 is added as follows: "504.1.1 General. Subsections 504.5, 504.6, and
504.7 shall only be required on the exposure side of the structure, as determined by the [
Fire
Marshal
] 
fire code official
, where defensible space is less than 50 feet as defined in Section 603
of the 2006 International Wildland-Urban Interface Code.
"
[
(ii)
] 
(4)
 In Section 505 of the IWUIC Class 2 IGNITION-RESISTANT CONSTRUCTION
Subsections 505.5 and 505.7 are deleted.[
"
]
Section 4. Section 
15A-4-201
 is amended to read:
15A-4-201.
General provision.
[
(1)
] The amendments in this part are adopted as amendments to the IRC to be
applicable to specified jurisdiction.
[
(2) A local amendment to the following which may be applied to detached one and
two family dwellings and multiple single family dwellings shall be applicable to the
corresponding provisions of the IRC for the local jurisdiction to which the local amendment
has been made:
]
[
(a) IBC under Part 1, Local Amendments to International Building Code;
]
[
(b) IPC under Part 3, Local Amendments to International Plumbing Code;
]
[
(c) IMC under Part 4, Local Amendments to International Mechanical Code;
]
[
(d) IFGC under Part 5, Local Amendments to International Fuel Gas Code;
]
[
(e) NEC under Part 6, Local Amendments to National Electrical Code; and
]
[
(f) IECC under Part 7, Local Amendments to International Energy Conservation
Code.
]
Section 5. 
Repealer.
This bill repeals:
Section 
15A-4-102
,
Amendments to IBC applicable to Brian Head Town.
Section 
15A-4-103
,
Amendments to IBC applicable to City of Farmington.
Section 
15A-4-104
,
Amendments to IBC applicable to City of North Salt Lake.
Section 
15A-4-202
,
Amendments to IRC applicable to Brian Head Town.
Section 
15A-4-203
,
Amendments to IRC applicable to City of Farmington.
Section 
15A-4-204
,
Amendments to IRC applicable to Morgan City Corporation or
Morgan County.
Section 
15A-4-205
,
Amendments to IRC applicable to City of North Salt Lake.
Section 
15A-5-401
,
Grandfathering of local ordinances related to automatic
sprinkler systems.