Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 346 First Substitute (2018GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• removes repeal dates related to construction project plan reviews;
• clarifies the scope of a plan review;
• allows an applicant to waive a plan review time requirement;
• under certain circumstances, prohibits a local government from requiring an applicant to redraft a plan; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LOCAL GOVERNMENT PLAN REVIEW AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill addresses the review of construction project plans by local governments.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ removes repeal dates related to construction project plan reviews;
▸ clarifies the scope of a plan review;
▸ allows an applicant to waive a plan review time requirement;
▸ under certain circumstances, prohibits a local government from requiring an
applicant to redraft a plan; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-5-132
, as last amended by Laws of Utah 2017, Chapter 313
10-6-160
, as last amended by Laws of Utah 2017, Chapter 313
17-36-55
, as last amended by Laws of Utah 2017, Chapter 313
63I-1-210
, as last amended by Laws of Utah 2017, Chapter 313
63I-1-217
, as enacted by Laws of Utah 2017, Chapter 313
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-5-132
 is amended to read:
10-5-132.
Fees collected for construction approval -- Approval of plans.
(1) As used in this section:
(a) "Construction project" means the same as that term is defined in Section 
38-1a-102
.
(b) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
(i) a bed and breakfast establishment;
(ii) a boarding house;
(iii) a dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
(c) "Planning review" means a review to verify that a town has approved the following
elements of a construction project:
(i) zoning;
(ii) lot sizes;
(iii) setbacks;
(iv) easements;
(v) curb and gutter elevations;
(vi) grades and slopes;
(vii) utilities;
(viii) street names;
(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(x) subdivision.
[
(b)
] 
(d)
 (i) "[
Initial plan
] 
Plan
 review" means all of the reviews and approvals of a
plan that [
are required by
] a town 
requires
 to obtain a building permit from the town[
.
] 
with a
scope that may not exceed a review to verify:
(A) that the construction project complies with the provisions of the State Construction
Code under Title 15A, State Construction and Fire Codes Act;
(B) that the construction project complies with the energy code adopted under Section
15A-2-103
;
(C) that the construction project received a planning review;
(D) that the applicant paid any required fees;
(E) that the applicant obtained final approvals from any other required reviewing
agencies;
(F) that the construction project complies with federal, state, and local storm water
protection laws;
(G) that the construction project received a structural review;
(H) the total square footage for each building level of finished, garage, and unfinished
space; and
(I) that the plans include a printed statement indicating that the actual construction will
comply with applicable local ordinances and the state construction codes.
[
(ii) "Initial plan
] 
(ii) "Plan
 review" does not mean a review of a document:
(A) required to be re-submitted for additional modifications or 
substantive
 changes
identified by the plan review;
(B) submitted as part of a deferred submittal when requested by the 
applicant and
approved by the
 building official; or
(C) that, due to the document's technical nature or on the request of the applicant, is
reviewed by a third party.
[
(c) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
]
[
(i) a bed and breakfast establishment;
]
[
(ii) a boarding house;
]
[
(iii) a hotel;
]
[
(iv) an inn;
]
[
(v) a lodging house;
]
[
(vi) a motel;
]
[
(vii) a resort; or
]
[
(viii) a rooming house.
]
(e) "Structural review" means:
(i) a review that verifies that a construction project complies with the following:
(A) footing size and bar placement;
(B) foundation thickness and bar placement;
(C) beam and header sizes;
(D) nailing patterns;
(E) bearing points;
(F) structural member size and span; and
(G) sheathing; or
(ii) if the review exceeds the scope of the review described in Subsection (1)(e)(i), a
review that a licensed engineer conducts.
(f) "Technical nature" means a characteristic that places an item outside the training
and expertise of an individual who regularly performs plan reviews.
(2) (a) If a town collects a fee for the inspection of a construction project, the town
shall ensure that the construction project receives a prompt inspection.
(b) If a town cannot provide a building inspection within a reasonable time, the town
shall promptly engage an independent inspector with fees collected from the applicant.
(3) (a) A town shall complete [
an initial
] 
a
 plan review of a construction project for a
one to two family dwelling or townhome by no later than 14 business days after the day on
which the plan is submitted to the town.
(b) A town shall complete [
an initial
] 
a
 plan review of a construction project for a
residential structure built under the International Building Code, not including a lodging
establishment, by no later than 21 business days after the day on which the plan is submitted to
the town.
(c) (i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before
the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
town complete the plan review.
(ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform
the plan review no later than:
(A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
applicant makes the request; or
(B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
applicant makes the request.
(d) An applicant may:
(i) waive the plan review time requirements described in this Subsection (3); or
(ii) with the town's consent, establish an alternative plan review time requirement.
[
(c)
] 
(4) (a)
 A town may not enforce a requirement to have [
an initial plan reviewed by
the town
] 
a plan review
 if:
(i) the town does not complete the [
initial
] plan review within the time period
described in Subsection (3)(a) or (b); and
(ii) [
the plan is stamped by
] a licensed architect or structural engineer[
.
]
, or both when
required by law, stamps the plan.
(b) A town may attach to a reviewed plan a list that includes:
(i) items with which the town is concerned and may enforce during construction; and
(ii) building code violations found in the plan.
(c) A town may not require an applicant to redraft a plan if the town requests minor
changes to the plan that the list described in Subsection (4)(b) identifies.
Section 2. Section 
10-6-160
 is amended to read:
10-6-160.
Fees collected for construction approval -- Approval of plans.
(1) As used in this section:
(a) "Construction project" means the same as that term is defined in Section 
38-1a-102
.
(b) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
(i) a bed and breakfast establishment;
(ii) a boarding house;
(iii) a dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
(c) "Planning review" means a review to verify that a city has approved the following
elements of a construction project:
(i) zoning;
(ii) lot sizes;
(iii) setbacks;
(iv) easements;
(v) curb and gutter elevations;
(vi) grades and slopes;
(vii) utilities;
(viii) street names;
(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(x) subdivision.
[
(b)
] 
(d)
 (i) "[
Initial plan
] 
Plan
 review" means all of the reviews and approvals of a
plan that [
are required by
] a city 
requires
 to obtain a building permit from the city[
.
] 
with a
scope that may not exceed a review to verify:
(A) that the construction project complies with the provisions of the State Construction
Code under Title 15A, State Construction and Fire Codes Act;
(B) that the construction project complies with the energy code adopted under Section
15A-2-103
;
(C) that the construction project received a planning review;
(D) that the applicant paid any required fees;
(E) that the applicant obtained final approvals from any other required reviewing
agencies;
(F) that the construction project complies with federal, state, and local storm water
protection laws;
(G) that the construction project received a structural review; and
(H) the total square footage for each building level of finished, garage, and unfinished
space.
[
(ii) "Initial plan
] 
(ii) "Plan
 review" does not mean a review of a document:
(A) required to be re-submitted for additional modifications or 
substantive
 changes
identified by the plan review;
(B) submitted as part of a deferred submittal when requested by the 
applicant and
approved by the
 building official; or
(C) that, due to the document's technical nature or on the request of the applicant, is
reviewed by a third party.
[
(c) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
]
[
(i) a bed and breakfast establishment;
]
[
(ii) a boarding house;
]
[
(iii) a hotel;
]
[
(iv) an inn;
]
[
(v) a lodging house;
]
[
(vi) a motel;
]
[
(vii) a resort; or
]
[
(viii) a rooming house.
]
(e) "Structural review" means:
(i) a review that verifies that a construction project complies with the following:
(A) footing size and bar placement;
(B) foundation thickness and bar placement;
(C) beam and header sizes;
(D) nailing patterns;
(E) bearing points;
(F) structural member size and span; and
(G) sheathing; or
(ii) if the review exceeds the scope of the review described in Subsection (1)(e)(i), a
review that a licensed engineer conducts.
(f) "Technical nature" means a characteristic that places an item outside the training
and expertise of an individual who regularly performs plan reviews.
(2) (a) If a city collects a fee for the inspection of a construction project, the city shall
ensure that the construction project receives a prompt inspection.
(b) If a city cannot provide a building inspection within three business days, the city
shall promptly engage an independent inspector with fees collected from the applicant.
(3) (a) A city shall complete [
an initial
] 
a
 plan review of a construction project for a
one to two family dwelling or townhome by no later than 14 business days after the day on
which the plan is submitted to the city.
(b) A city shall complete [
an initial
] 
a
 plan review of a construction project for a
residential structure built under the International Building Code, not including a lodging
establishment, by no later than 21 business days after the day on which the plan is submitted to
the city.
(c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
city complete the plan review.
(ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
plan review no later than:
(A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
applicant makes the request; or
(B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
applicant makes the request.
(d) An applicant may:
(i) waive the plan review time requirements described in this Subsection (3); or
(ii) with the city's consent, establish an alternative plan review time requirement.
[
(c)
] 
(4) (a)
 A city may not enforce a requirement to have [
an initial plan reviewed by
the city
] 
a plan review
 if:
(i) the city does not complete the [
initial
] plan review within the time period described
in Subsection (3)(a) or (b); and
(ii) [
the plan is stamped by
] a licensed architect or structural engineer[
.
]
, or both when
required by law, stamps the plan.
(b) A city may attach to a reviewed plan a list that includes:
(i) items with which the city is concerned and may enforce during construction; and
(ii) building code violations found in the plan.
(c) A city may not require an applicant to redraft a plan if the city requests minor
changes to the plan that the list described in Subsection (4)(b) identifies.
(5) An applicant shall ensure that each construction project plan submitted for a plan
review under this section has a statement indicating that actual construction will comply with
applicable local ordinances and building codes.
Section 3. Section 
17-36-55
 is amended to read:
17-36-55.
Fees collected for construction approval -- Approval of plans.
(1) As used in this section:
(a) "Construction project" means the same as that term is defined in Section 
38-1a-102
.
(b) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
(i) a bed and breakfast establishment;
(ii) a boarding house;
(iii) dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
(c) "Planning review" means a review to verify that a county has approved the
following elements of a construction project:
(i) zoning;
(ii) lot sizes;
(iii) setbacks;
(iv) easements;
(v) curb and gutter elevations;
(vi) grades and slopes;
(vii) utilities;
(viii) street names;
(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(x) subdivision.
[
(b)
] 
(d)
 (i) "[
Initial plan
] 
Plan
 review" means all of the reviews and approvals of a
plan that [
are required by
] a county 
requires
 to obtain a building permit from the county[
.
] 
with
a scope that may not exceed a review to verify:
(A) that the construction project complies with the provisions of the State Construction
Code under Title 15A, State Construction and Fire Codes Act;
(B) that the construction project complies with the energy code adopted under Section
15A-2-103
;
(C) that the construction project received a planning review;
(D) that the applicant paid any required fees;
(E) that the applicant obtained final approvals from any other required reviewing
agencies;
(F) that the construction project complies with federal, state, and local storm water
protection laws;
(G) that the construction project received a structural review; and
(H) the total square footage for each building level of finished, garage, and unfinished
space.
[
(ii)
] 
(ii)
 "[
Initial plan
] 
Plan
 review" does not mean a review of a document:
(A) required to be re-submitted for additional modifications or 
substantive
 changes
identified by the plan review;
(B) submitted as part of a deferred submittal when requested by the 
applicant and
approved by the
 building official; or
(C) that, due to the document's technical nature or on the request of the applicant, is
reviewed by a third party.
[
(c) "Lodging establishment" means a place providing temporary sleeping
accommodations to the public, including any of the following:
]
[
(i) a bed and breakfast establishment;
]
[
(ii) a boarding house;
]
[
(iii) a hotel;
]
[
(iv) an inn;
]
[
(v) a lodging house;
]
[
(vi) a motel;
]
[
(vii) a resort; or
]
[
(viii) a rooming house.
]
(e) "Structural review" means:
(i) a review that verifies that a construction project complies with the following:
(A) footing size and bar placement;
(B) foundation thickness and bar placement;
(C) beam and header sizes;
(D) nailing patterns;
(E) bearing points;
(F) structural member size and span; and
(G) sheathing; or
(ii) if the review exceeds the scope of the review described in Subsection (1)(e)(i), a
review that a licensed engineer conducts.
(f) "Technical nature" means a characteristic that places an item outside the training
and expertise of an individual who regularly performs plan reviews.
(2) (a) If a county collects a fee for the inspection of a construction project, the county
shall ensure that the construction project receives a prompt inspection.
(b) If a county cannot provide a building inspection within three business days, the
county shall promptly engage an independent inspector with fees collected from the applicant.
(3) (a) A county shall complete [
an initial
] 
a
 plan review of a construction project for a
one to two family dwelling or townhome by no later than 14 business days after the day on
which the plan is submitted to the county.
(b) A county shall complete [
an initial
] 
a
 plan review of a construction project for a
residential structure built under the International Building Code, not including a lodging
establishment, by no later than 21 business days after the day on which the plan is submitted to
the county.
(c) (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review
before the time period described in Subsection (3)(a) or (b) expires, an applicant may request
that the county complete the plan review.
(ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform
the plan review no later than:
(A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
applicant makes the request; or
(B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
applicant makes the request.
(d) An applicant may:
(i) waive the plan review time requirements described in this Subsection (3); or
(ii) with the county's consent, establish an alternative plan review time requirement.
[
(c)
] 
(4) (a)
 A county may not enforce a requirement to have [
an initial plan reviewed
by the county
] 
a plan review
 if:
(i) the county does not complete the [
initial
] plan review within the time period
described in Subsection (3)(a) or (b); and
(ii) [
the plan is stamped by
] a licensed architect or structural engineer[
.
]
, or both when
required by law, stamps the plan.
(b) A county may attach to a reviewed plan a list that includes:
(i) items with which the county is concerned and may enforce during construction; and
(ii) building code violations found in the plan.
(c) A county may not require an applicant to redraft a plan if the county requests minor
changes to the plan that the list described in Subsection (4)(b) identifies.
(5) An applicant shall ensure that each construction project plan submitted for a plan
review under this section has a statement indicating that actual construction will comply with
applicable local ordinances and building codes.
Section 4. Section 
63I-1-210
 is amended to read:
63I-1-210.
Repeal dates, Title 10.
[
(1) (a) Subsections 
10-5-132
(1)(b), (1)(c), and (3) are repealed July 1, 2018.
]
[
(b) When repealing the subsections listed in Subsection (1)(a), the Office of
Legislative Research and General Counsel shall, in addition to its authority under Subsection
36-12-12
(3), make other modifications necessary to ensure that the remaining subsections are
complete sentences, grammatically correct, and have correct numbering and cross references to
accurately reflect the office's perception of the Legislature's intent.
]
[
(2) (a) Subsections 
10-6-160
(1)(b), (1)(c), and (3) are repealed July 1, 2018.
]
[
(b) When repealing the subsections listed in Subsection (2)(a), the Office of
Legislative Research and General Counsel shall, in addition to its authority under Subsection
36-12-12
(3), make other modifications necessary to ensure that the remaining subsections are
complete sentences, grammatically correct, and have correct numbering and cross references to
accurately reflect the office's perception of the Legislature's intent.
]
[
(3)
] Section 
10-9a-526
 is repealed December 31, 2020. 
Section 5. Section 
63I-1-217
 is amended to read:
63I-1-217.
Repeal dates, Title 17.
[
(1) Subsections 
17-36-55
(1)(b), (1)(c), and (3) are repealed July 1, 2018.
]
[
(2) When repealing the subsections listed in Subsection (1), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make other modifications necessary to ensure that the remaining subsections are complete
sentences, grammatically correct, and have correct numbering and cross references to
accurately reflect the office's perception of the Legislature's intent.
]