Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 82 Fifth Substitute (2021GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies and defines terms applicable to municipal and county land use development and management;
• allows a municipality or county to punish an individual who lists or offers a certain licensed or permitted accessory dwelling unit as a short-term rental;
• allows municipalities and counties to require specified physical changes to certain accessory dwelling units;
• in any single-family residential land use zone:
• requires municipalities and counties to classify certain accessory dwelling units as a permitted land use; and
• prohibits municipalities and counties from establishing restrictions or requirements for certain accessory dwelling units with limited exceptions;
• allows a municipality or county to hold a lien against real property containing certain accessory dwelling units in certain circumstances;
• provides for statewide amendments to the International Residential Code related to accessory dwelling units;
• requires the executive director of the Olene Walker Housing Loan Fund to establish a two-year pilot program to provide loan guarantees for certain loans related to accessory dwelling units;
• prevents a homeowners association from prohibiting the construction or rental of certain accessory dwelling units; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SINGLE-FAMILY HOUSING MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill modifies provisions related to single-family housing.
Highlighted Provisions:
This bill:
▸ modifies and defines terms applicable to municipal and county land use
development and management;
▸ allows a municipality or county to punish an individual who lists or offers a certain
licensed or permitted accessory dwelling unit as a short-term rental;
▸ allows municipalities and counties to require specified physical changes to certain
accessory dwelling units;
▸ in any single-family residential land use zone:
• requires municipalities and counties to classify certain accessory dwelling units
as a permitted land use; and
• prohibits municipalities and counties from establishing restrictions or
requirements for certain accessory dwelling units with limited exceptions;
▸ allows a municipality or county to hold a lien against real property containing
certain accessory dwelling units in certain circumstances;
▸ provides for statewide amendments to the International Residential Code related to
accessory dwelling units;
▸ requires the executive director of the Olene Walker Housing Loan Fund to establish
a two-year pilot program to provide loan guarantees for certain loans related to
accessory dwelling units;
▸ prevents a homeowners association from prohibiting the construction or rental of
certain accessory dwelling units; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-8-85.4
, as enacted by Laws of Utah 2017, Chapter 335
10-9a-505.5
, as last amended by Laws of Utah 2012, Chapter 172
10-9a-511.5
, as enacted by Laws of Utah 2015, Chapter 205
15A-3-202
, as last amended by Laws of Utah 2020, Chapter 441
15A-3-204
, as last amended by Laws of Utah 2016, Chapter 249
15A-3-206
, as last amended by Laws of Utah 2018, Chapter 186
17-27a-505.5
, as last amended by Laws of Utah 2015, Chapter 465
17-27a-510.5
, as enacted by Laws of Utah 2015, Chapter 205
17-50-338
, as enacted by Laws of Utah 2017, Chapter 335
35A-8-505
, as last amended by Laws of Utah 2020, Chapter 241
57-8a-209
, as last amended by Laws of Utah 2018, Chapter 395
57-8a-218
, as last amended by Laws of Utah 2017, Chapter 131
ENACTS:
10-9a-530
, Utah Code Annotated 1953
17-27a-526
, Utah Code Annotated 1953
35A-8-504.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-85.4
 is amended to read:
10-8-85.4.
Ordinances regarding short-term rentals -- Prohibition on ordinances
restricting speech on short-term rental websites.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means the same as that term is defined in Section
10-9a-511.5
.
[
(a)
] 
(b)
 "Residential unit" means a residential structure or any portion of a residential
structure that is occupied as a residence.
[
(b)
] 
(c)
 "Short-term rental" means a residential unit or any portion of a residential unit
that the owner of record or the lessee of the residential unit offers for occupancy for fewer than
30 consecutive days.
[
(c)
] 
(d)
 "Short-term rental website" means a website that:
(i) allows a person to offer a short-term rental to one or more prospective renters; and
(ii) facilitates the renting of, and payment for, a short-term rental.
(2) Notwithstanding Section 
10-9a-501
 or Subsection 
10-9a-503
(1), a legislative body
may not:
(a) enact or enforce an ordinance that prohibits an individual from listing or offering a
short-term rental on a short-term rental website; or
(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge,
prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term
rental on a short-term rental website.
(3) Subsection (2) does not apply to an individual who lists or offers an internal
accessory dwelling unit as a short-term rental on a short-term rental website if the municipality
records a notice for the internal accessory dwelling unit under Subsection 
10-9a-530
(6).
Section 2. Section 
10-9a-505.5
 is amended to read:
10-9a-505.5.
Limit on single family designation.
(1) As used in this section, "single-family limit" means the number of [
unrelated
]
individuals allowed to occupy each residential unit that is recognized by a land use authority in
a zone permitting occupancy by a single family.
(2) A municipality may not adopt a single-family limit that is less than:
(a) three, if the municipality has within its boundary:
(i) a state university; or
(ii) a private university with a student population of at least 20,000; or
(b) four, for each other municipality.
Section 3. Section 
10-9a-511.5
 is amended to read:
10-9a-511.5.
Changes to dwellings -- Egress windows.
(1) [
For purposes of
] 
As used in
 this section[
, "rental
]
:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) "Primary dwelling" means a single-family dwelling that:
(i) is detached; and
(ii) is occupied as the primary residence of the owner of record.
(c) "Rental
 dwelling" means the same as that term is defined in Section 
10-8-85.5
.
(2) A municipal ordinance adopted under Section 
10-1-203.5
 may not:
(a) require physical changes in a structure with a legal nonconforming rental dwelling
use unless the change is for:
(i) the reasonable installation of:
(A) a smoke detector that is plugged in or battery operated;
(B) a ground fault circuit interrupter protected outlet on existing wiring;
(C) street addressing;
(D) except as provided in Subsection (3), an egress bedroom window if the existing
bedroom window is smaller than that required by current State Construction Code;
(E) an electrical system or a plumbing system, if the existing system is not functioning
or is unsafe as determined by an independent electrical or plumbing professional who is
licensed in accordance with Title 58, Occupations and Professions;
(F) hand or guard rails; or
(G) occupancy separation doors as required by the International Residential Code; or
(ii) the abatement of a structure; or
(b) be enforced to terminate a legal nonconforming rental dwelling use.
(3) 
(a)
 A municipality may not require physical changes to install an egress or
emergency escape window in an existing bedroom that complied with the State Construction
Code in effect at the time the bedroom was finished if:
[
(a)
] 
(i)
 the dwelling is an owner-occupied dwelling or a rental dwelling that is:
[
(i)
] 
(A)
 a detached one-, two-, three-, or four-family dwelling; or
[
(ii)
] 
(B)
 a town home that is not more than three stories above grade with a separate
means of egress; and
[
(b) (i)
] 
(ii) (A)
 the window in the existing bedroom is smaller than that required by
current State Construction Code; and
[
(ii)
] 
(B)
 the change would compromise the structural integrity of the structure or could
not be completed in accordance with current State Construction Code, including set-back and
window well requirements.
(b) Subsection (3)(a) does not apply to an internal accessory dwelling unit.
(4) Nothing in this section prohibits a municipality from:
(a) regulating the style of window that is required or allowed in a bedroom;
(b) requiring that a window in an existing bedroom be fully openable if the openable
area is less than required by current State Construction Code; or
(c) requiring that an existing window not be reduced in size if the openable area is
smaller than required by current State Construction Code.
Section 4. Section 
10-9a-530
 is enacted to read:
 10-9a-530.
Internal accessory dwelling units.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) "Primary dwelling" means a single-family dwelling that:
(i) is detached; and
(ii) is occupied as the primary residence of the owner of record.
(2) In any area zoned primarily for residential use:
(a) the use of an internal accessory dwelling unit is a permitted use; and
(b) except as provided in Subsections (3) and (4), a municipality may not establish any
restrictions or requirements for the construction or use of one internal accessory dwelling unit
within a primary dwelling, including a restriction or requirement governing:
(i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
(ii) total lot size; or
(iii) street frontage.
(3) An internal accessory dwelling unit shall comply with all applicable building,
health, and fire codes.
(4) A municipality may:
(a) prohibit the installation of a separate utility meter for an internal accessory dwelling
unit;
(b) require that an internal accessory dwelling unit be designed in a manner that does
not change the appearance of the primary dwelling as a single-family dwelling;
(c) require a primary dwelling:
(i) to include one additional on-site parking space for an internal accessory dwelling
unit, regardless of whether the primary dwelling is existing or new construction; and
(ii) to replace any parking spaces contained within a garage or carport if an internal
accessory dwelling unit is created within the garage or carport;
(d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
defined in Section 
57-16-3
;
(e) require the owner of a primary dwelling to obtain a permit or license for renting an
internal accessory dwelling unit;
(f) prohibit the creation of an internal accessory dwelling unit within a zoning district
covering an area that is equivalent to:
(i) 25% or less of the total area in the municipality that is zoned primarily for
residential use; or
(ii) 67% or less of the total area in the municipality that is zoned primarily for
residential use, if the main campus of a state or private university with a student population of
10,000 or more is located within the municipality;
(g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
is served by a failing septic tank;
(h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
primary dwelling is 6,000 square feet or less in size;
(i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
period of less than 30 consecutive days;
(j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
(k) hold a lien against a property that contains an internal accessory dwelling unit in
accordance with Subsection (5); and
(l) record a notice for an internal accessory dwelling unit in accordance with
Subsection (6).
(5) (a) In addition to any other legal or equitable remedies available to a municipality, a
municipality may hold a lien against a property that contains an internal accessory dwelling
unit if:
(i) the owner of the property violates any of the provisions of this section or any
ordinance adopted under Subsection (4);
(ii) the municipality provides a written notice of violation in accordance with
Subsection (5)(b);
(iii) the municipality holds a hearing and determines that the violation has occurred in
accordance with Subsection (5)(d), if the owner files a written objection in accordance with
Subsection (5)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the
written notice of violation under Subsection (5)(b);
(v) the municipality provides a written notice of lien in accordance with Subsection
(5)(c); and
(vi) the municipality records a copy of the written notice of lien described in
Subsection (5)(a)(iv) with the county recorder of the county in which the property is located.
(b) The written notice of violation shall:
(i) describe the specific violation;
(ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
to cure the violation that is:
(A) no less than 14 days after the day on which the municipality sends the written
notice of violation, if the violation results from the owner renting or offering to rent the internal
accessory dwelling unit for a period of less than 30 consecutive days; or
(B) no less than 30 days after the day on which the municipality sends the written
notice of violation, for any other violation;
(iii) state that if the owner of the property fails to cure the violation within the time
period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property
in an amount of up to $100 for each day of violation after the day on which the opportunity to
cure the violation expires;
(iv) notify the owner of the property:
(A) that the owner may file a written objection to the violation within 14 days after the
day on which the written notice of violation is post-marked or posted on the property; and
(B) of the name and address of the municipal office where the owner may file the
written objection;
(v) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(vi) be posted on the property.
(c) The written notice of lien shall:
(i) comply with the requirements of Section 
38-12-102
;
(ii) state that the property is subject to a lien;
(iii) specify the lien amount, in an amount of up to $100 for each day of violation after
the day on which the opportunity to cure the violation expires;
(iv) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(v) be posted on the property.
(d) (i) If an owner of property files a written objection in accordance with Subsection
(5)(b)(iv), the municipality shall:
(A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
Act, to conduct a review and determine whether the specific violation described in the written
notice of violation under Subsection (5)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described
in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
(ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
municipality may not record a lien under this Subsection (5) until the municipality holds a
hearing and determines that the specific violation has occurred.
(iii) If the municipality determines at the hearing that the specific violation has
occurred, the municipality may impose a lien in an amount of up to $100 for each day of
violation after the day on which the opportunity to cure the violation expires, regardless of
whether the hearing is held after the day on which the opportunity to cure the violation has
expired.
(e) If an owner cures a violation within the time period prescribed in the written notice
of violation under Subsection (5)(b), the municipality may not hold a lien against the property,
or impose any penalty or fee on the owner, in relation to the specific violation described in the
written notice of violation under Subsection (5)(b).
(6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an
owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
notice in the office of the recorder of the county in which the primary dwelling is located.
(b) The notice described in Subsection (6)(a) shall include:
(i) a description of the primary dwelling;
(ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
and
(iii) a statement that the internal accessory dwelling unit may only be used in
accordance with the municipality's land use regulations.
(c) The municipality shall, upon recording the notice described in Subsection (6)(a),
deliver a copy of the notice to the owner of the internal accessory dwelling unit.
Section 5. Section 
15A-3-202
 is amended to read:
15A-3-202.
Amendments to Chapters 1 through 5 of IRC.
(1) In IRC, Section R102, a new Section R102.7.2 is added as follows: "R102.7.2
Physical change for bedroom window egress. A structure whose egress window in an existing
bedroom is smaller than required by this code, and that complied with the construction code in
effect at the time that the bedroom was finished, is not required to undergo a physical change to
conform to this code if the change would compromise the structural integrity of the structure or
could not be completed in accordance with other applicable requirements of this code,
including setback and window well requirements."
(2) In IRC, Section R108.3, the following sentence is added at the end of the section:
"The building official shall not request proprietary information."
(3) In IRC, Section 109:
(a) A new IRC, Section 109.1.5, is added as follows: "R109.1.5 Weather-resistant
exterior wall envelope inspections. An inspection shall be made of the weather-resistant
exterior wall envelope as required by Section R703.1 and flashings as required by Section
R703.8 to prevent water from entering the weather-resistive barrier."
(b) The remaining sections are renumbered as follows: R109.1.6 Other inspections;
R109.1.6.1 Fire- and smoke-resistance-rated construction inspection; R109.1.6.2 Reinforced
masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection;
and R109.1.7 Final inspection.
(4) IRC, Section R114.1, is deleted and replaced with the following: "R114.1 Notice to
owner. Upon notice from the building official that work on any building or structure is being
prosecuted contrary to the provisions of this code or other pertinent laws or ordinances or in an
unsafe and dangerous manner, such work shall be immediately stopped. The stop work order
shall be in writing and shall be given to the owner of the property involved, or to the owner's
agent or to the person doing the work; and shall state the conditions under which work will be
permitted to resume."
(5) In IRC, Section R202, the following definition is added: "ACCESSORY
DWELLING UNIT: A habitable living unit created within the existing footprint of a primary
owner-occupied single-family dwelling."
[
(5)
] 
(6)
 In IRC, Section R202, the following definition is added: "CERTIFIED
BACKFLOW PREVENTER ASSEMBLY TESTER: A person who has shown competence to
test Backflow prevention assemblies to the satisfaction of the authority having jurisdiction
under Utah Code, Subsection 
19-4-104
(4)."
[
(6)
] 
(7)
 In IRC, Section R202, the definition of "Cross Connection" is deleted and
replaced with the following: "CROSS CONNECTION. Any physical connection or potential
connection or arrangement between two otherwise separate piping systems, one of which
contains potable water and the other either water of unknown or questionable safety or steam,
gas, or chemical, whereby there exists the possibility for flow from one system to the other,
with the direction of flow depending on the pressure differential between the two systems (see
"Backflow, Water Distribution")."
[
(7)
] 
(8)
 In IRC, Section 202, in the definition for gray water a comma is inserted after
the word "washers"; the word "and" is deleted; and the following is added to the end: "and
clear water wastes which have a pH of 6.0 to 9.0; are non-flammable; non-combustible;
without objectionable odors; non-highly pigmented; and will not interfere with the operation of
the sewer treatment facility."
[
(8)
] 
(9)
 In IRC, Section R202, the definition of "Potable Water" is deleted and
replaced with the following: "POTABLE WATER. Water free from impurities present in
amounts sufficient to cause disease or harmful physiological effects and conforming to the
Utah Code, Title 19, Chapter 4, Safe Drinking Water Act, and Title 19, Chapter 5, Water
Quality Act, and the regulations of the public health authority having jurisdiction."
[
(9)
] 
(10)
 IRC, Figure R301.2(5), is deleted and replaced with R301.2(5) as follows:
"TABLE R301.2(5)
GROUND SNOW LOADS FOR SELECTED LOCATIONS IN UTAH
City/Town
County
Ground Snow Load (lb/ft2)
Elevation (ft)
Beaver
Beaver
Brigham City
Box Elder
Castle Dale
Emery
Coalville
Summit
Duchesne
Duchesne
Farmington
Davis
Fillmore
Millard
Heber City
Wasatch
Junction
Piute
Kanab
Kane
Loa
Wayne
Logan
Cache
Manila
Daggett
Manti
Sanpete
Moab
Grand
Monticello
San Juan
Morgan
Morgan
Nephi
Juab
Ogden
Weber
Panguitch
Garfield
Parowan
Iron
Price
Carbon
Provo
Utah
Randolph
Rich
Richfield
Sevier
St. George
Washington
Salt Lake City
Salt Lake
Tooele
Tooele
Vernal
Uintah
Note: To convert lb/ft2 to kN/m2, multiply by 0.0479. To convert feet to meters, multiply
by 0.3048.
1. Statutory requirements of the Authority Having Jurisdiction are not included in this state
ground snow load table.
2. For locations where there is substantial change in altitude over the city/town, the load
applies at and below the cited elevation, with a tolerance of 100 ft (30 m).
3. For other locations in Utah, see Bean, B., Maguire, M., Sun, Y. (2018), "The Utah Snow
Load Study," Utah State University Civil and Environmental Engineering Faculty
Publications, Paper 3589, http://utahsnowload.usu.edu/, for ground snow load values.
[
(10)
] 
(11)
 IRC, Section R301.6, is deleted and replaced with the following: "R301.6
Utah Snow Loads. The snow loads specified in Table R301.2(5b) shall be used for the
jurisdictions identified in that table. Otherwise, for other locations in Utah, see Bean, B.,
Maguire, M., Sun, Y. (2018), "The Utah Snow Load Study," Utah State University Civil and
Environmental Engineering Faculty Publications, Paper 3589, http://utahsnowload.usu.edu/, for
ground snow load values."
[
(11)
] 
(12)
 In IRC, Section R302.2, the following sentence is added after the second
sentence: "When an access/maintenance agreement or easement is in place, plumbing,
mechanical ducting, schedule 40 steel gas pipe, and electric service conductors including
feeders, are permitted to penetrate the common wall at grade, above grade, or below grade."
(13) In IRC, Section R302.3, a new exception 3 is added as follows: "3. Accessory
dwelling units separated by walls or floor assemblies protected by not less than 1/2-inch (12.7
mm) gypsum board or equivalent on each side of the wall or bottom of the floor assembly are
exempt from the requirements of this section."
[
(12)
] 
(14)
 In IRC, Section R302.5.1, the words "self-closing device" are deleted and
replaced with "self-latching hardware."
[
(13)
] 
(15)
 IRC, Section R302.13, is deleted.
[
(14)
] 
(16)
 In IRC, Section R303.4, the number "5" is changed to "3" in the first
sentence.
(17) In IRC, Section R310.6, in the exception, the words "or accessory dwelling units"
are added after the words "sleeping rooms".
[
(15)
] 
(18)
 IRC, Sections R311.7.4 through R311.7.5.3, are deleted and replaced with
the following: "R311.7.4 Stair treads and risers. R311.7.5.1 Riser height. The maximum riser
height shall be 8 inches (203 mm). The riser shall be measured vertically between leading
edges of the adjacent treads. The greatest riser height within any flight of stairs shall not
exceed the smallest by more than 3/8 inch (9.5 mm).
R311.7.5.2 Tread depth. The minimum tread depth shall be 9 inches (228 mm). The tread
depth shall be measured horizontally between the vertical planes of the foremost projection of
adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within
any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Winder
treads shall have a minimum tread depth of 10 inches (254 mm) measured as above at a point
12 inches (305 mm) from the side where the treads are narrower. Winder treads shall have a
minimum tread depth of 6 inches (152 mm) at any point. Within any flight of stairs, the
greatest winder tread depth at the 12-inch (305 mm) walk line shall not exceed the smallest by
more than 3/8 inch (9.5 mm).
R311.7.5.3 Profile. The radius of curvature at the leading edge of the tread shall be no greater
than 9/16 inch (14.3 mm). A nosing not less than 3/4 inch (19 mm) but not more than 1 1/4
inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection
shall not exceed the smallest nosing projection by more than 3/8 inch (9.5 mm) between two
stories, including the nosing at the level of floors and landings. Beveling of nosing shall not
exceed 1/2 inch (12.7 mm). Risers shall be vertical or sloped from the underside of the leading
edge of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open
risers are permitted, provided that the opening between treads does not permit the passage of a
4-inch diameter (102 mm) sphere.
Exceptions.
1. A nosing is not required where the tread depth is a minimum of 10 inches (254 mm).
2. The opening between adjacent treads is not limited on stairs with a total rise of 30 inches
(762 mm) or less."
[
(16)
] 
(19)
 IRC, Section R312.2, is deleted.
[
(17)
] 
(20)
 IRC, Sections R313.1 through R313.2.1, are deleted and replaced with the
following: "R313.1 Design and installation. When installed, automatic residential fire
sprinkler systems for townhouses or one- and two-family dwellings shall be designed and
installed in accordance with Section P2904 or NFPA 13D."
(21) In IRC, Section R314.2.2, the words "or accessory dwelling units" are added after
the words "sleeping rooms".
(22) In IRC, Section R315.2.2, the words "or accessory dwelling units" are added after
the words "sleeping rooms".
[
(18)
] 
(23)
 In IRC, Section 315.3, the following words are added to the first sentence
after the word "installed": "on each level of the dwelling unit and."
[
(19)
] 
(24)
 In IRC, Section R315.5, a new exception, 3, is added as follows:
"3. Hard wiring of carbon monoxide alarms in existing areas shall not be required where the
alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing
the structure, unless there is an attic, crawl space or basement available which could provide
access for hard wiring, without the removal of interior finishes."
[
(20)
] 
(25)
 A new IRC, Section R315.7, is added as follows: " R315.7 Interconnection. 
Where more than one carbon monoxide alarm is required to be installed within an individual
dwelling unit in accordance with Section R315.1, the alarm devices shall be interconnected in
such a manner that the actuation of one alarm will activate all of the alarms in the individual
unit. Physical interconnection of smoke alarms shall not be required where listed wireless
alarms are installed and all alarms sound upon activation of one alarm.
Exception: Interconnection of carbon monoxide alarms in existing areas shall not be required
where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing
the structure, unless there is an attic, crawl space or basement available which could provide
access for interconnection without the removal of interior finishes."
[
(21)
] 
(26)
 In IRC, Section R317.1.5, the period is deleted and the following language
is added to the end of the paragraph: "or treated with a moisture resistant coating."
[
(22)
] 
(27)
 In IRC, Section 326.1, the words "residential provisions of the" are added
after the words "pools and spas shall comply with".
[
(23)
] 
(28)
 In IRC, Section R403.1.6, a new Exception 3 is added as follows: "3. 
When anchor bolt spacing does not exceed 32 inches (813 mm) apart, anchor bolts may be
placed with a minimum of two bolts per plate section located not less than 4 inches (102 mm)
from each end of each plate section at interior bearing walls, interior braced wall lines, and at
all exterior walls."
[
(24)
] 
(29)
 In IRC, Section R403.1.6.1, a new exception is added at the end of Item 2
and Item 3 as follows: "Exception: When anchor bolt spacing does not exceed 32 inches (816
mm) apart, anchor bolts may be placed with a minimum of two bolts per plate section located
not less than 4 inches (102 mm) from each end of each plate section at interior bearing walls,
interior braced wall lines, and at all exterior walls."
[
(25)
] 
(30)
 In IRC, Section R404.1, a new exception is added as follows: "Exception:
As an alternative to complying with Sections R404.1 through R404.1.5.3, concrete and
masonry foundation walls may be designed in accordance with IBC Sections 1807.1.5 and
1807.1.6 as amended in Section 1807.1.6.4 and Table 1807.1.6.4 under these rules."
[
(26)
] 
(31)
 In IRC, Section R405.1, a new exception is added as follows: "Exception:
When a geotechnical report has been provided for the property, a drainage system is not
required unless the drainage system is required as a condition of the geotechnical report. The
geological report shall make a recommendation regarding a drainage system."
Section 6. Section 
15A-3-204
 is amended to read:
15A-3-204.
Amendments to Chapters 16 through 25 of IRC.
(1) In IRC, Section M1602.2, a new exception is added at the end of Item 6 as follows:
"Exception: The discharge of return air from an accessory dwelling unit into another dwelling
unit, or into an accessory dwelling unit from another dwelling unit, is not prohibited."
(2)
 A new IRC, Section G2401.2, is added as follows: "G2401.2 Meter Protection. 
Fuel gas services shall be in an approved location and/or provided with structures designed to
protect the fuel gas meter and surrounding piping from physical damage, including falling,
moving, or migrating ice and snow. If an added structure is used, it must provide access for
service and comply with the IBC or the IRC."
Section 7. Section 
15A-3-206
 is amended to read:
15A-3-206.
 Amendments to Chapters 36 through 44 and Appendix F of IRC.
(1) In IRC, Section E3601.6.2, a new exception is added as follows: "Exception: An
occupant of an accessory dwelling unit is not required to have access to the disconnect serving
the dwelling unit in which they reside."
[
(1)
] 
(2)
 In IRC, Section E3705.4.5, the following words are added after the word
"assemblies": "with ungrounded conductors 10 AWG and smaller".
[
(2)
] 
(3)
 In IRC, Section E3901.9, the following exception is added:
"Exception: Receptacles or other outlets adjacent to the exterior walls of the garage, outlets
adjacent to an exterior wall of the garage, or outlets in a storage room with entry from the
garage may be connected to the garage branch circuit."
[
(3)
] 
(4)
 IRC, Section E3902.16 is deleted.
[
(4)
] 
(5)
 In Section E3902.17:
(a) following the word "Exception" the number "1." is added; and
(b) at the end of the section, the following sentences are added:
"2. This section does not apply for a simple move or an extension of a branch circuit or an
outlet which does not significantly increase the existing electrical load. This exception does
not include changes involving remodeling or additions to a residence."
[
(5)
] 
(6)
 IRC, Chapter 44, is amended by adding the following reference standard:
"Standard reference
number
Title
Referenced in code
section number
USC-FCCCHR 10th
Edition Manual of
Cross Connection
Control
Foundation for Cross-Connection Control
and Hydraulic Research University of
Southern California Kaprielian Hall 300
Los Angeles CA 90089-2531
Table P2902.3"
[
(6)
] 
(7)
 (a) When passive radon controls or portions thereof are voluntarily installed,
the voluntary installation shall comply with Appendix F of the IRC.
(b) An additional inspection of a voluntary installation described in Subsection [
(6)
]
(7)
(a) is not required.
Section 8. Section 
17-27a-505.5
 is amended to read:
17-27a-505.5.
Limit on single family designation.
(1) As used in this section, "single-family limit" means the number of [
unrelated
]
individuals allowed to occupy each residential unit that is recognized by a land use authority in
a zone permitting occupancy by a single family.
(2) A county may not adopt a single-family limit that is less than:
(a) three, if the county has within its unincorporated area:
(i) a state university;
(ii) a private university with a student population of at least 20,000; or
(iii) a mountainous planning district; or
(b) four, for each other county.
Section 9. Section 
17-27a-510.5
 is amended to read:
17-27a-510.5.
Changes to dwellings -- Egress windows.
(1) [
For purposes of
] 
As used in
 this section[
, "rental
]
:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) "Primary dwelling" means a single-family dwelling that:
(i) is detached; and
(ii) is occupied as the primary residence of the owner of record.
(c) "Rental
 dwelling" means the same as that term is defined in Section 
10-8-85.5
.
(2) A county ordinance adopted under Section 
10-1-203.5
 may not:
(a) require physical changes in a structure with a legal nonconforming rental dwelling
use unless the change is for:
(i) the reasonable installation of:
(A) a smoke detector that is plugged in or battery operated;
(B) a ground fault circuit interrupter protected outlet on existing wiring;
(C) street addressing;
(D) except as provided in Subsection (3), an egress bedroom window if the existing
bedroom window is smaller than that required by current State Construction Code;
(E) an electrical system or a plumbing system, if the existing system is not functioning
or is unsafe as determined by an independent electrical or plumbing professional who is
licensed in accordance with Title 58, Occupations and Professions;
(F) hand or guard rails; or
(G) occupancy separation doors as required by the International Residential Code; or
(ii) the abatement of a structure; or
(b) be enforced to terminate a legal nonconforming rental dwelling use.
(3) 
(a)
 A county may not require physical changes to install an egress or emergency
escape window in an existing bedroom that complied with the State Construction Code in
effect at the time the bedroom was finished if:
[
(a)
] 
(i)
 the dwelling is an owner-occupied dwelling or a rental dwelling that is:
[
(i)
] 
(A)
 a detached one-, two-, three-, or four-family dwelling; or
[
(ii)
] 
(B)
 a town home that is not more than three stories above grade with a separate
means of egress; and
[
(b) (i)
] 
(ii) (A)
 the window in the existing bedroom is smaller than that required by
current State Construction Code; and
[
(ii)
] 
(B)
 the change would compromise the structural integrity of the structure or could
not be completed in accordance with current State Construction Code, including set-back and
window well requirements.
(b) Subsection (3)(a) does not apply to an internal accessory dwelling unit.
(4) Nothing in this section prohibits a county from:
(a) regulating the style of window that is required or allowed in a bedroom;
(b) requiring that a window in an existing bedroom be fully openable if the openable
area is less than required by current State Construction Code; or
(c) requiring that an existing window not be reduced in size if the openable area is
smaller than required by current State Construction Code.
Section 10. Section 
17-27a-526
 is enacted to read:
 17-27a-526.
Internal accessory dwelling units.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) "Primary dwelling" means a single-family dwelling that:
(i) is detached; and
(ii) is occupied as the primary residence of the owner of record.
(2) In any area zoned primarily for residential use:
(a) the use of an internal accessory dwelling unit is a permitted use; and
(b) except as provided in Subsections (3) and (4), a county may not establish any
restrictions or requirements for the construction or use of one internal accessory dwelling unit
within a primary dwelling, including a restriction or requirement governing:
(i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
(ii) total lot size; or
(iii) street frontage.
(3) An internal accessory dwelling unit shall comply with all applicable building,
health, and fire codes.
(4) A county may:
(a) prohibit the installation of a separate utility meter for an internal accessory dwelling
unit;
(b) require that an internal accessory dwelling unit be designed in a manner that does
not change the appearance of the primary dwelling as a single-family dwelling;
(c) require a primary dwelling:
(i) to include one additional on-site parking space for an internal accessory dwelling
unit, regardless of whether the primary dwelling is existing or new construction; and
(ii) to replace any parking spaces contained within a garage or carport if an internal
accessory dwelling unit is created within the garage or carport;
(d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
defined in Section 
57-16-3
;
(e) require the owner of a primary dwelling to obtain a permit or license for renting an
internal accessory dwelling unit;
(f) prohibit the creation of an internal accessory dwelling unit within a zoning district
covering an area that is equivalent to 25% or less of the total unincorporated area in the county
that is zoned primarily for residential use;
(g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
is served by a failing septic tank;
(h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
primary dwelling is 6,000 square feet or less in size;
(i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
period of less than 30 consecutive days;
(j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
(k) hold a lien against a property that contains an internal accessory dwelling unit in
accordance with Subsection (5); and
(l) record a notice for an internal accessory dwelling unit in accordance with
Subsection (6).
(5) (a) In addition to any other legal or equitable remedies available to a county, a
county may hold a lien against a property that contains an internal accessory dwelling unit if:
(i) the owner of the property violates any of the provisions of this section or any
ordinance adopted under Subsection (4);
(ii) the county provides a written notice of violation in accordance with Subsection
(5)(b);
(iii) the county holds a hearing and determines that the violation has occurred in
accordance with Subsection (5)(d), if the owner files a written objection in accordance with
Subsection (5)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the
written notice of violation under Subsection (5)(b);
(v) the county provides a written notice of lien in accordance with Subsection (5)(c);
and
(vi) the county records a copy of the written notice of lien described in Subsection
(5)(a)(iv) with the county recorder of the county in which the property is located.
(b) The written notice of violation shall:
(i) describe the specific violation;
(ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
to cure the violation that is:
(A) no less than 14 days after the day on which the county sends the written notice of
violation, if the violation results from the owner renting or offering to rent the internal
accessory dwelling unit for a period of less than 30 consecutive days; or
(B) no less than 30 days after the day on which the county sends the written notice of
violation, for any other violation; and
(iii) state that if the owner of the property fails to cure the violation within the time
period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an
amount of up to $100 for each day of violation after the day on which the opportunity to cure
the violation expires;
(iv) notify the owner of the property:
(A) that the owner may file a written objection to the violation within 14 days after the
day on which the written notice of violation is post-marked or posted on the property; and
(B) of the name and address of the county office where the owner may file the written
objection;
(v) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(vi) be posted on the property.
(c) The written notice of lien shall:
(i) comply with the requirements of Section 
38-12-102
;
(ii) describe the specific violation;
(iii) specify the lien amount, in an amount of up to $100 for each day of violation after
the day on which the opportunity to cure the violation expires;
(iv) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(v) be posted on the property.
(d) (i) If an owner of property files a written objection in accordance with Subsection
(5)(b)(iv), the county shall:
(A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
Act, to conduct a review and determine whether the specific violation described in the written
notice of violation under Subsection (5)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described
in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
(ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
county may not record a lien under this Subsection (5) until the county holds a hearing and
determines that the specific violation has occurred.
(iii) If the county determines at the hearing that the specific violation has occurred, the
county may impose a lien in an amount of up to $100 for each day of violation after the day on
which the opportunity to cure the violation expires, regardless of whether the hearing is held
after the day on which the opportunity to cure the violation has expired.
(e) If an owner cures a violation within the time period prescribed in the written notice
of violation under Subsection (5)(b), the county may not hold a lien against the property, or
impose any penalty or fee on the owner, in relation to the specific violation described in the
written notice of violation under Subsection (5)(b).
(6) (a) A county that issues, on or after October 1, 2021, a permit or license to an
owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
notice in the office of the recorder of the county in which the primary dwelling is located.
(b) The notice described in Subsection (6)(a) shall include:
(i) a description of the primary dwelling;
(ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
and
(iii) a statement that the internal accessory dwelling unit may only be used in
accordance with the county's land use regulations.
(c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a
copy of the notice to the owner of the internal accessory dwelling unit.
Section 11. Section 
17-50-338
 is amended to read:
17-50-338.
Ordinances regarding short-term rentals -- Prohibition on ordinances
restricting speech on short-term rental websites.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means the same as that term is defined in Section
10-9a-511.5
.
[
(a)
] 
(b)
 "Residential unit" means a residential structure or any portion of a residential
structure that is occupied as a residence.
[
(b)
] 
(c)
 "Short-term rental" means a residential unit or any portion of a residential unit
that the owner of record or the lessee of the residential unit offers for occupancy for fewer than
30 consecutive days.
[
(c)
] 
(d)
 "Short-term rental website" means a website that:
(i) allows a person to offer a short-term rental to one or more prospective renters; and
(ii) facilitates the renting of, and payment for, a short-term rental.
(2) Notwithstanding Section 
17-27a-501
 or Subsection 
17-27a-503
(1), a legislative
body may not:
(a) enact or enforce an ordinance that prohibits an individual from listing or offering a
short-term rental on a short-term rental website; or
(b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge,
prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term
rental on a short-term rental website.
(3) Subsection (2) does not apply to an individual who lists or offers an internal
accessory dwelling unit as a short-term rental on a short-term rental website if the county
records a notice for the internal accessory dwelling unit under Subsection 
17-27a-526
(6).
Section 12. Section 
35A-8-504.5
 is enacted to read:
 35A-8-504.5.
Low-income ADU loan guarantee pilot program.
(1) As used in this section:
(a) "Accessory dwelling unit" means the same as that term is defined in Section
10-9a-103
.
(b) "Borrower" means a residential property owner who receives a low-income ADU
loan from a lender.
(c) "Lender" means a trust company, savings bank, savings and loan association, bank,
credit union, or any other entity that provides low-income ADU loans directly to borrowers.
(d) "Low-income ADU loan" means a loan made by a lender to a borrower for the
purpose of financing the construction of an accessory dwelling unit that is:
(i) located on the borrower's residential property; and
(ii) rented to a low-income individual.
(e) "Low-income individual" means an individual whose household income is less than
80% of the area median income.
(f) "Pilot program" means the two-year pilot program created in this section.
(2) The executive director shall establish a two-year pilot program to provide loan
guarantees on behalf of borrowers for the purpose of insuring the repayment of low-income
ADU loans.
(3) The executive director may not provide a loan guarantee for a low-income ADU
loan under the pilot program unless:
(a) the lender:
(i) agrees in writing to participate in the pilot program;
(ii) makes available to prospective borrowers the option of receiving a low-income
ADU loan that:
(A) has a term of 15 years; and
(B) charges interest at a fixed rate;
(iii) monitors the activities of the borrower on a yearly basis during the term of the loan
to ensure the borrower's compliance with:
(A) Subsection (3)(c); and
(B) any other term or condition of the loan; and
(iv) promptly notifies the executive director in writing if the borrower fails to comply
with:
(A) Subsection (3)(c); or
(B) any other term or condition of the loan;
(b) the loan terms of the low-income ADU loan:
(i) are consistent with the loan terms described in Subsection (3)(a)(ii); or
(ii) if different from the loan terms described in Subsection (3)(a)(ii), are mutually
agreed upon by the lender and the borrower; and
(c) the borrower:
(i) agrees in writing to participate in the pilot program;
(ii) constructs an accessory dwelling unit on the borrower's residential property within
one year after the day on which the borrower receives the loan;
(iii) occupies the primary residence to which the accessory dwelling unit is associated:
(A) after the accessory dwelling unit is completed; and
(B) for the remainder of the term of the loan; and
(iv) rents the accessory dwelling unit to a low-income individual:
(A) after the accessory dwelling unit is completed; and
(B) for the remainder of the term of the loan.
(4) At the direction of the board, the executive director shall make rules in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
(a) the minimum criteria for lenders and borrowers to participate in the pilot program;
(b) the terms and conditions for loan guarantees provided under the pilot program,
consistent with Subsection (3); and
(c) procedures for the pilot program's loan guarantee process.
(5) The executive director shall submit a report on the pilot program to the Business
and Labor Interim Committee on or before November 30, 2023.
Section 13. Section 
35A-8-505
 is amended to read:
35A-8-505.
Activities authorized to receive fund money -- Powers of the executive
director.
At the direction of the board, the executive director may:
(1) provide fund money to any of the following activities:
(a) the acquisition, rehabilitation, or new construction of low-income housing units;
(b) matching funds for social services projects directly related to providing housing for
special-need renters in assisted projects;
(c) the development and construction of accessible housing designed for low-income
persons;
(d) the construction or improvement of a shelter or transitional housing facility that
provides services intended to prevent or minimize homelessness among members of a specific
homeless subpopulation;
(e) the purchase of an existing facility to provide temporary or transitional housing for
the homeless in an area that does not require rezoning before providing such temporary or
transitional housing;
(f) the purchase of land that will be used as the site of low-income housing units;
(g) the preservation of existing affordable housing units for low-income persons; [
and
]
(h) providing loan guarantees under the two-year pilot program established in Section
35A-8-504.5
; and
[
(h)
] 
(i)
 other activities that will assist in minimizing homelessness or improving the
availability or quality of housing in the state for low-income persons; and
(2) do any act necessary or convenient to the exercise of the powers granted by this part
or reasonably implied from those granted powers, including:
(a) making or executing contracts and other instruments necessary or convenient for
the performance of the executive director and board's duties and the exercise of the executive
director and board's powers and functions under this part, including contracts or agreements for
the servicing and originating of mortgage loans;
(b) procuring insurance against a loss in connection with property or other assets held
by the fund, including mortgage loans, in amounts and from insurers it considers desirable;
(c) entering into agreements with a department, agency, or instrumentality of the
United States or this state and with mortgagors and mortgage lenders for the purpose of
planning and regulating and providing for the financing and refinancing, purchase,
construction, reconstruction, rehabilitation, leasing, management, maintenance, operation, sale,
or other disposition of residential housing undertaken with the assistance of the department
under this part;
(d) proceeding with a foreclosure action, to own, lease, clear, reconstruct, rehabilitate,
repair, maintain, manage, operate, assign, encumber, sell, or otherwise dispose of real or
personal property obtained by the fund due to the default on a mortgage loan held by the fund
in preparation for disposition of the property, taking assignments of leases and rentals,
proceeding with foreclosure actions, and taking other actions necessary or incidental to the
performance of its duties; and
(e) selling, at a public or private sale, with public bidding, a mortgage or other
obligation held by the fund.
Section 14. Section 
57-8a-209
 is amended to read:
57-8a-209.
Rental restrictions.
(1) (a) Subject to Subsections (1)(b), (5), [
and
] (6), 
and (10),
 an association may:
(i) create restrictions on the number and term of rentals in an association; or
(ii) prohibit rentals in the association.
(b) An association that creates a rental restriction or prohibition in accordance with
Subsection (1)(a) shall create the rental restriction or prohibition in a recorded declaration of
covenants, conditions, and restrictions, or by amending the recorded declaration of covenants,
conditions, and restrictions.
(2) If an association prohibits or imposes restrictions on the number and term of
rentals, the restrictions shall include:
(a) a provision that requires the association to exempt from the rental restrictions the
following lot owner and the lot owner's lot:
(i) a lot owner in the military for the period of the lot owner's deployment;
(ii) a lot occupied by a lot owner's parent, child, or sibling;
(iii) a lot owner whose employer has relocated the lot owner for two years or less;
(iv) a lot owned by an entity that is occupied by an individual who:
(A) has voting rights under the entity's organizing documents; and
(B) has a 25% or greater share of ownership, control, and right to profits and losses of
the entity; or 
(v) a lot owned by a trust or other entity created for estate planning purposes if the trust
or other estate planning entity was created for:
(A) the estate of a current resident of the lot; or
(B) the parent, child, or sibling of the current resident of the lot;
(b) a provision that allows a lot owner who has a rental in the association before the
time the rental restriction described in Subsection (1)(a) is recorded with the county recorder of
the county in which the association is located to continue renting until:
(i) the lot owner occupies the lot;
(ii) an officer, owner, member, trustee, beneficiary, director, or person holding a
similar position of ownership or control of an entity or trust that holds an ownership interest in
the lot, occupies the lot; or
(iii) the lot is transferred; and
(c) a requirement that the association create, by rule or resolution, procedures to:
(i) determine and track the number of rentals and lots in the association subject to the
provisions described in Subsections (2)(a) and (b); and
(ii) ensure consistent administration and enforcement of the rental restrictions.
(3) For purposes of Subsection (2)(b)(iii), a transfer occurs when one or more of the
following occur:
(a) the conveyance, sale, or other transfer of a lot by deed;
(b) the granting of a life estate in the lot; or
(c) if the lot is owned by a limited liability company, corporation, partnership, or other
business entity, the sale or transfer of more than 75% of the business entity's share, stock,
membership interests, or partnership interests in a 12-month period.
(4) This section does not limit or affect residency age requirements for an association
that complies with the requirements of the Housing for Older Persons Act, 42 U.S.C. Sec.
3607.
(5) A declaration of covenants, conditions, and restrictions or amendments to the
declaration of covenants, conditions, and restrictions recorded before the transfer of the first lot
from the initial declarant may prohibit or restrict rentals without providing for the exceptions,
provisions, and procedures required under Subsection (2).
(6) (a) Subsections (1) through (5) do not apply to:
(i) an association that contains a time period unit as defined in Section 
57-8-3
;
(ii) any other form of timeshare interest as defined in Section 
57-19-2
; or
(iii) subject to Subsection (6)(b), an association that is formed before May 12, 2009,
unless, on or after May 12, 2015, the association:
(A) adopts a rental restriction or prohibition; or
(B) amends an existing rental restriction or prohibition.
(b) An association that adopts a rental restriction or amends an existing rental
restriction or prohibition before May 9, 2017, is not required to include the exemption
described in Subsection (2)(a)(iv).
(7) Notwithstanding this section, an association may restrict or prohibit rentals without
an exception described in Subsection (2) if:
(a) the restriction or prohibition receives unanimous approval by all lot owners; and
(b) when the restriction or prohibition requires an amendment to the association's
recorded declaration of covenants, conditions, and restrictions, the association fulfills all other
requirements for amending the recorded declaration of covenants, conditions, and restrictions
described in the association's governing documents.
(8) Except as provided in Subsection (9), an association may not require a lot owner
who owns a rental lot to:
(a) obtain the association's approval of a prospective renter;
(b) give the association:
(i) a copy of a rental application;
(ii) a copy of a renter's or prospective renter's credit information or credit report;
(iii) a copy of a renter's or prospective renter's background check; or
(iv) documentation to verify the renter's age; or
(c) pay an additional assessment, fine, or fee because the lot is a rental lot.
(9) (a) A lot owner who owns a rental lot shall give an association the documents
described in Subsection (8)(b) if the lot owner is required to provide the documents by court
order or as part of discovery under the Utah Rules of Civil Procedure.
(b) If an association's declaration of covenants, conditions, and restrictions lawfully
prohibits or restricts occupancy of the lots by a certain class of individuals, the association may
require a lot owner who owns a rental lot to give the association the information described in
Subsection (8)(b), if:
(i) the information helps the association determine whether the renter's occupancy of
the lot complies with the association's declaration of covenants, conditions, and restrictions;
and
(ii) the association uses the information to determine whether the renter's occupancy of
the lot complies with the association's declaration of covenants, conditions, and restrictions.
(10) Notwithstanding Subsection (1)(a), an association may not restrict or prohibit the
rental of an internal accessory dwelling unit, as defined in Section 
10-9a-530
, constructed
within a lot owner's residential lot, if the internal accessory dwelling unit complies with all
applicable:
(a) land use ordinances;
(b) building codes;
(c) health codes; and
(d) fire codes.
[
(10)
] 
(11)
 The provisions of Subsections (8) [
and (9)
] 
through (10)
 apply to an
association regardless of when the association is created.
Section 15. Section 
57-8a-218
 is amended to read:
57-8a-218.
Equal treatment by rules required -- Limits on association rules and
design criteria.
(1) (a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot
owners similarly.
(b) Notwithstanding Subsection (1)(a), a rule may:
(i) vary according to the level and type of service that the association provides to lot
owners;
(ii) differ between residential and nonresidential uses; and
(iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
limit on the number of individuals who may use the common areas and facilities as guests of
the lot tenant or lot owner.
(2) (a) If a lot owner owns a rental lot and is in compliance with the association's
governing documents and any rule that the association adopts under Subsection (4), a rule may
not treat the lot owner differently because the lot owner owns a rental lot.
(b) Notwithstanding Subsection (2)(a), a rule may:
(i) limit or prohibit a rental lot owner from using the common areas for purposes other
than attending an association meeting or managing the rental lot;
(ii) if the rental lot owner retains the right to use the association's common areas, even
occasionally:
(A) charge a rental lot owner a fee to use the common areas; or
(B) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
limit on the number of individuals who may use the common areas and facilities as guests of
the lot tenant or lot owner; or
(iii) include a provision in the association's governing documents that:
(A) requires each tenant of a rental lot to abide by the terms of the governing
documents; and
(B) holds the tenant and the rental lot owner jointly and severally liable for a violation
of a provision of the governing documents.
(3) (a) A rule criterion may not abridge the rights of a lot owner to display religious
and holiday signs, symbols, and decorations inside a dwelling on a lot.
(b) Notwithstanding Subsection (3)(a), the association may adopt time, place, and
manner restrictions with respect to displays visible from outside the dwelling or lot.
(4) (a) A rule may not regulate the content of political signs.
(b) Notwithstanding Subsection (4)(a):
(i) a rule may regulate the time, place, and manner of posting a political sign; and
(ii) an association design provision may establish design criteria for political signs.
(5) (a) A rule may not interfere with the freedom of a lot owner to determine the
composition of the lot owner's household.
(b) Notwithstanding Subsection (5)(a), an association may:
(i) require that all occupants of a dwelling be members of a single housekeeping unit;
or
(ii) limit the total number of occupants permitted in each residential dwelling on the
basis of the residential dwelling's:
(A) size and facilities; and
(B) fair use of the common areas.
(6) (a) A rule may not interfere with an activity of a lot owner within the confines of a
dwelling or lot, to the extent that the activity is in compliance with local laws and ordinances.
(b) Notwithstanding Subsection (6)(a), a rule may prohibit an activity within a dwelling
on an owner's lot if the activity:
(i) is not normally associated with a project restricted to residential use; or
(ii) (A) creates monetary costs for the association or other lot owners;
(B) creates a danger to the health or safety of occupants of other lots;
(C) generates excessive noise or traffic;
(D) creates unsightly conditions visible from outside the dwelling;
(E) creates an unreasonable source of annoyance to persons outside the lot; or
(F) if there are attached dwellings, creates the potential for smoke to enter another lot
owner's dwelling, the common areas, or limited common areas.
(c) If permitted by law, an association may adopt rules described in Subsection (6)(b)
that affect the use of or behavior inside the dwelling.
(7) (a) A rule may not, to the detriment of a lot owner and over the lot owner's written
objection to the board, alter the allocation of financial burdens among the various lots.
(b) Notwithstanding Subsection (7)(a), an association may:
(i) change the common areas available to a lot owner;
(ii) adopt generally applicable rules for the use of common areas; or
(iii) deny use privileges to a lot owner who:
(A) is delinquent in paying assessments;
(B) abuses the common areas; or
(C) violates the governing documents.
(c) This Subsection (7) does not permit a rule that:
(i) alters the method of levying assessments; or
(ii) increases the amount of assessments as provided in the declaration.
(8) (a) Subject to Subsection (8)(b), a rule may not:
(i) prohibit the transfer of a lot; or
(ii) require the consent of the association or board to transfer a lot.
(b) Unless contrary to a declaration, a rule may require a minimum lease term.
(9) (a) A rule may not require a lot owner to dispose of personal property that was in or
on a lot before the adoption of the rule or design criteria if the personal property was in
compliance with all rules and other governing documents previously in force.
(b) The exemption in Subsection (9)(a):
(i) applies during the period of the lot owner's ownership of the lot; and
(ii) does not apply to a subsequent lot owner who takes title to the lot after adoption of
the rule described in Subsection (9)(a).
(10) A rule or action by the association or action by the board may not unreasonably
impede a declarant's ability to satisfy existing development financing for community
improvements and right to develop:
(a) the project; or
(b) other properties in the vicinity of the project.
(11) A rule or association or board action may not interfere with:
(a) the use or operation of an amenity that the association does not own or control; or
(b) the exercise of a right associated with an easement.
(12) A rule may not divest a lot owner of the right to proceed in accordance with a
completed application for design review, or to proceed in accordance with another approval
process, under the terms of the governing documents in existence at the time the completed
application was submitted by the owner for review.
(13) Unless otherwise provided in the declaration, an association may by rule:
(a) regulate the use, maintenance, repair, replacement, and modification of common
areas;
(b) impose and receive any payment, fee, or charge for:
(i) the use, rental, or operation of the common areas, except limited common areas; and
(ii) a service provided to a lot owner;
(c) impose a charge for a late payment of an assessment; or
(d) provide for the indemnification of the association's officers and board consistent
with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
(14) (a) Except as provided in Subsection (14)(b), a rule may not prohibit the owner of
a residential lot from constructing an internal accessory dwelling unit, as defined in Section
10-9a-530
, within the owner's residential lot.
(b) Subsection (14)(a) does not apply if the construction would violate:
(i) a local land use ordinance;
(ii) a building code;
(iii) a health code; or
(iv) a fire code.
[
(14)
] 
(15)
 A rule shall be reasonable.
[
(15)
] 
(16)
 A declaration, or an amendment to a declaration, may vary any of the
requirements of Subsections (1) through (13), except Subsection (1)(b)(ii).
[
(16)
] 
(17)
 A rule may not be inconsistent with a provision of the association's
declaration, bylaws, or articles of incorporation.
[
(17)
] 
(18)
 This section applies to an association regardless of when the association is
created.
Section 16. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 5, 2021.
(2) The actions affecting the following sections take effect on October 1, 2021:
(a) Section 
10-8-85.4
;
(b) Section 
10-9a-530
;
(c) Section 
17-27a-526
;
(d) Section 
17-50-338
;
(e) Section 
57-8a-209
; and
(f) Section 
57-8a-218
.