Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 98 Fourth Substitute (2021GS)

Sponsor

Rep. Ray, P.

Final action

Governor Vetoed 3/24/2021

Outcome

Vetoed

Summary

What it does

• This bill:
• allows a building permit applicant to opt out of certain local building inspection and plan review requirements;
• allows an independent building inspector to issue a certificate of occupancy to a building permit applicant in certain circumstances;
• exempts a construction project involving repairs to a building damaged by a natural disaster from certain State Construction Code and building permit requirements;
• prohibits a municipality or county from regulating certain building design elements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LOCAL GOVERNMENT BUILDING REGULATION
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to local government building regulation.
Highlighted Provisions:
This bill:
▸ allows a building permit applicant to opt out of certain local building inspection and
plan review requirements;
▸ allows an independent building inspector to issue a certificate of occupancy to a
building permit applicant in certain circumstances;
▸ exempts a construction project involving repairs to a building damaged by a natural
disaster from certain State Construction Code and building permit requirements;
▸ prohibits a municipality or county from regulating certain building design elements;
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 2020, Chapters 354 and 441
10-6-160
, as last amended by Laws of Utah 2020, Chapter 441
10-9a-403
, as last amended by Laws of Utah 2020, Chapter 136
15A-1-104
, as enacted by Laws of Utah 2014, Chapter 197
15A-1-202
, as last amended by Laws of Utah 2020, Chapter 441
15A-1-204
, as last amended by Laws of Utah 2020, Chapters 111 and 441
15A-3-102
, as last amended by Laws of Utah 2019, Chapter 20
15A-5-104
, as enacted by Laws of Utah 2020, Chapter 111
17-27a-403
, as last amended by Laws of Utah 2020, Chapter 136
17-36-55
, as last amended by Laws of Utah 2020, Chapter 441
38-1a-102
, as last amended by Laws of Utah 2019, Chapter 250
78B-2-225
, as last amended by Laws of Utah 2020, Chapter 97
ENACTS:
10-9a-530
, Utah Code Annotated 1953
17-27a-527
, Utah Code Annotated 1953
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) "Licensed building inspector" means an individual who is licensed by the Division
of Occupational and Professional Licensing under Title 58, Chapter 56, Building Inspector and
Factory Built Housing Licensing Act.
[
(b)
] 
(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 dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
[
(c)
] 
(d)
 "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.
[
(d)
] 
(e)
 (i) "Plan review" means all of the reviews and approvals of a plan that 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) "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.
[
(e)
] 
(f)
 "State Construction Code" means the same as that term is defined in Section
15A-1-102
.
[
(f)
] 
(g)
 "State Fire Code" means the same as that term is defined in Section
15A-1-102
.
[
(g)
] 
(h)
 "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)[
(g)
]
(h)
(i),
a review that a licensed engineer conducts.
[
(h)
] 
(i)
 "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 three business days after the
day on which the town receives the request for the inspection, the town shall promptly engage
an independent inspector with fees collected from the applicant.
(c) If an inspector identifies one or more violations of the State Construction Code or
State Fire Code during an inspection, the inspector shall give the permit holder written
notification that:
(i) identifies each violation;
(ii) upon request by the permit holder, includes a reference to each applicable provision
of the State Construction Code or State Fire Code; and
(iii) is delivered:
(A) in hardcopy or by electronic means; and
(B) the day on which the inspection occurs.
(3) (a) A town shall complete 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 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.
(4) (a) A town may not enforce a requirement to have a plan review if:
(i) 
(A)
 the town does not complete the plan review within the time period described in
Subsection (3)(a) or (b); and
[
(ii)
] 
(B)
 a licensed architect or structural engineer, or both when required by law,
stamps the plan[
.
]
; or
(ii) the applicant opts out of the plan review requirement in accordance with
Subsection (7).
(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.
(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.
(6) (a) An applicant may opt out of an inspection requirement under this section if:
(i) the applicant:
(A) engages a licensed building inspector to complete all required inspections of the
construction project on the applicant's behalf; and
(B) at the time the applicant opts out of the inspection, notifies the town in writing of
the name and address of the licensed building inspector described in Subsection (6)(a)(i)(A);
and
(ii) the licensed building inspector described in Subsection (6)(a)(i)(A):
(A) completes all required inspections of the construction project on the applicant's
behalf; and
(B) notifies the town in writing after the licensed building inspector completes the final
inspection of the construction project.
(b) A licensed building inspector who inspects a construction project on an applicant's
behalf under Subsection (6)(a) shall issue the applicant a certificate of occupancy after
providing the notification described in Subsection (6)(a)(ii)(B).
(7) (a) An applicant may opt out of a plan review requirement under this section if the
applicant:
(i) engages a licensed building inspector to review the plan on the applicant's behalf;
and
(ii) at the time the applicant opts out of the plan review, notifies the town in writing of
the name and address of the licensed building inspector described in Subsection (7)(a)(i).
(b) (i) If an applicant opts out of a plan review requirement under Subsection (7)(a), the
town may require a zoning review to verify that the construction project complies with
applicable zoning ordinances.
(ii) A town that requires a zoning review under Subsection (7)(b)(i):
(A) shall complete the zoning review no later than two business days after the day on
which the applicant opts out of the plan review; and
(B) may charge the applicant a zoning review fee not to exceed $200.
(8) (a) Except as provided in Subsection (8)(b), a town may not charge an applicant a
fee for a building permit, other than the fee described in Subsection (7)(b)(ii)(B), that exceeds
one-half of the regular fee amount that the town charges for a building permit, if the applicant
opts out of either:
(i) an inspection requirement under Subsection (6); or
(ii) a plan review requirement under Subsection (7).
(b) If an applicant opts out of both an inspection requirement under Subsection (6) and
a plan review requirement under Subsection (7), the town may not charge the applicant a fee
for a building permit, other than the fee described in Subsection (7)(b)(ii)(B).
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) "Licensed building inspector" means an individual who is licensed by the Division
of Occupational and Professional Licensing under Title 58, Chapter 56, Building Inspector and
Factory Built Housing Licensing Act.
[
(b)
] 
(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 dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
[
(c)
] 
(d)
 "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.
[
(d)
] 
(e)
 (i) " Plan review" means all of the reviews and approvals of a plan that 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;
(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) "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.
[
(e)
] 
(f)
 "State Construction Code" means the same as that term is defined in Section
15A-1-102
.
[
(f)
] 
(g)
 "State Fire Code" means the same as that term is defined in Section
15A-1-102
.
[
(g)
] 
(h)
 "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)[
(g)
]
(h)
(i),
a review that a licensed engineer conducts.
[
(h)
] 
(i)
 "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 after the
day on which the city receives the request for the inspection, the city shall promptly engage an
independent inspector with fees collected from the applicant.
(c) If an inspector identifies one or more violations of the State Construction Code or
State Fire Code during an inspection, the inspector shall give the permit holder written
notification that:
(i) identifies each violation;
(ii) upon request by the permit holder, includes a reference to each applicable provision
of the State Construction Code or State Fire Code; and
(iii) is delivered:
(A) in hardcopy or by electronic means; and
(B) the day on which the inspection occurs.
(3) (a) A city shall complete 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 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.
(4) (a) A city may not enforce a requirement to have a plan review if:
(i) 
(A)
 the city does not complete the plan review within the time period described in
Subsection (3)(a) or (b); and
[
(ii)
] 
(B)
 a licensed architect or structural engineer, or both when required by law,
stamps the plan[
.
]
; or
(ii) the applicant opts out of the plan review requirement in accordance with
Subsection (7).
(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.
(6) (a) An applicant may opt out of an inspection requirement under this section if:
(i) the applicant:
(A) engages a licensed building inspector to complete all required inspections of the
construction project on the applicant's behalf; and
(B) at the time the applicant opts out of the inspection, notifies the city in writing of the
name and address of the licensed building inspector described in Subsection (6)(a)(i)(A); and
(ii) the licensed building inspector described in Subsection (6)(a)(i)(A):
(A) completes all required inspections of the construction project on the applicant's
behalf; and
(B) notifies the city in writing after the licensed building inspector completes the final
inspection of the construction project.
(b) A licensed building inspector who inspects a construction project on an applicant's
behalf under Subsection (6)(a) shall issue the applicant a certificate of occupancy after
providing the notification described in Subsection (6)(a)(ii)(B).
(7) (a) An applicant may opt out of a plan review requirement under this section if the
applicant:
(i) engages a licensed building inspector to review the plan on the applicant's behalf;
and
(ii) at the time the applicant opts out of the plan review, notifies the city in writing of
the name and address of the licensed building inspector described in Subsection (7)(a)(i).
(b) (i) If an applicant opts out of a plan review requirement under Subsection (7)(a), the
city may require a zoning review to verify that the construction project complies with
applicable zoning ordinances.
(ii) A city that requires a zoning review under Subsection (7)(b)(i):
(A) shall complete the zoning review no later than two business days after the day on
which the applicant opts out of the plan review; and
(B) may charge the applicant a zoning review fee not to exceed $200.
(8) (a) Except as provided in Subsection (8)(b), a city may not charge an applicant a fee
for a building permit, other than the fee described in Subsection (7)(b)(ii)(B), that exceeds
one-half of the regular fee amount that the city charges for a building permit, if the applicant
opts out of either:
(i) an inspection requirement under Subsection (6); or
(ii) a plan review requirement under Subsection (7).
(b) If an applicant opts out of both an inspection requirement under Subsection (6) and
a plan review requirement under Subsection (7), the city may not charge the applicant a fee for
a building permit, other than the fee described in Subsection (7)(b)(ii)(B).
Section 3. Section 
10-9a-403
 is amended to read:
10-9a-403.
General plan preparation.
[
(1) (a) As used in this section, "residential building design element" means for a
single-family residential building:
]
[
(i) exterior building color;
]
[
(ii) type or style of exterior cladding material;
]
[
(iii) style or materials of a roof structure, roof pitch, or porch;
]
[
(iv) exterior nonstructural architectural ornamentation;
]
[
(v) location, design, placement, or architectural styling of a window or door, including
a garage door;
]
[
(vi) the number or type of rooms;
]
[
(vii) the interior layout of a room; or
]
[
(viii) the minimum square footage of a structure.
]
[
(b) "Residential building design element" does not include for a single-family
residential building:
]
[
(i) the height, bulk, orientation, or location of a structure on a lot; or
]
[
(ii) buffering or screening used to:
]
[
(A) minimize visual impacts;
]
[
(B) mitigate the impacts of light or noise; or
]
[
(C) protect the privacy of neighbors.
]
[
(2)
] 
(1)
 (a) The planning commission shall provide notice, as provided in Section
10-9a-203
, of its intent to make a recommendation to the municipal legislative body for a
general plan or a comprehensive general plan amendment when the planning commission
initiates the process of preparing its recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for the area within the municipality.
(c) The plan may include areas outside the boundaries of the municipality if, in the
planning commission's judgment, those areas are related to the planning of the municipality's
territory.
(d) Except as otherwise provided by law or with respect to a municipality's power of
eminent domain, when the plan of a municipality involves territory outside the boundaries of
the municipality, the municipality may not take action affecting that territory without the
concurrence of the county or other municipalities affected.
[
(3)
] 
(2)
 (a) At a minimum, the proposed general plan, with the accompanying maps,
charts, and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate; and
(B) may include a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories covered by the plan;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) for a municipality that has access to a major transit investment corridor, addresses
the municipality's plan for residential and commercial development around major transit
investment corridors to maintain and improve the connections between housing, employment,
education, recreation, and commerce;
(C) for a municipality that does not have access to a major transit investment corridor,
addresses the municipality's plan for residential and commercial development in areas that will
maintain and improve the connections between housing, transportation, employment,
education, recreation, and commerce; and
(D) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan; and
(iii) for a municipality described in Subsection 
10-9a-401
(3)(b), a plan that provides a
realistic opportunity to meet the need for additional moderate income housing.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that municipalities shall facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life;
(ii) for a town, may include, and for other municipalities, shall include, an analysis of 
how the municipality will provide a realistic opportunity for the development of moderate
income housing within the next five years;
(iii) for a town, may include, and for other municipalities, shall include, a
recommendation to implement three or more of the following strategies:
(A) rezone for densities necessary to assure the production of moderate income
housing;
(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
construction of moderate income housing;
(C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
income housing;
(D) consider general fund subsidies or other sources of revenue to waive construction
related fees that are otherwise generally imposed by the city;
(E) create or allow for, and reduce regulations related to, accessory dwelling units in
residential zones;
(F) allow for higher density or moderate income residential development in
commercial and mixed-use zones, commercial centers, or employment centers;
(G) encourage higher density or moderate income residential development near major
transit investment corridors;
(H) eliminate or reduce parking requirements for residential development where a
resident is less likely to rely on the resident's own vehicle, such as residential development near 
major transit investment corridors or senior living facilities;
(I) allow for single room occupancy developments;
(J) implement zoning incentives for low to moderate income units in new
developments;
(K) utilize strategies that preserve subsidized low to moderate income units on a
long-term basis;
(L) preserve existing moderate income housing;
(M) reduce impact fees, as defined in Section 
11-36a-102
, related to low and moderate
income housing;
(N) participate in a community land trust program for low or moderate income
housing;
(O) implement a mortgage assistance program for employees of the municipality or of
an employer that provides contracted services to the municipality;
(P) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing;
(Q) apply for or partner with an entity that applies for programs offered by the Utah
Housing Corporation within that agency's funding capacity;
(R) apply for or partner with an entity that applies for affordable housing programs
administered by the Department of Workforce Services;
(S) apply for or partner with an entity that applies for programs administered by an
association of governments established by an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act;
(T) apply for or partner with an entity that applies for services provided by a public
housing authority to preserve and create moderate income housing;
(U) apply for or partner with an entity that applies for programs administered by a
metropolitan planning organization or other transportation agency that provides technical
planning assistance;
(V) utilize a moderate income housing set aside from a community reinvestment
agency, redevelopment agency, or community development and renewal agency; 
and
[
(W) reduce residential building design elements; and
]
[
(X)
] 
(W)
 any other program or strategy implemented by the municipality to address
the housing needs of residents of the municipality who earn less than 80% of the area median
income; and
(iv) in addition to the recommendations required under Subsection [
(3)
] 
(2)
(b)(iii), for
a municipality that has a fixed guideway public transit station, shall include a recommendation
to implement the strategies described in Subsection [
(3)
] 
(2)
(b)(iii)(G) or (H).
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the municipality; and
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture.
(d) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) consider the regional transportation plan developed by its region's metropolitan
planning organization, if the municipality is within the boundaries of a metropolitan planning
organization; or
(ii) consider the long-range transportation plan developed by the Department of
Transportation, if the municipality is not within the boundaries of a metropolitan planning
organization.
[
(4)
] 
(3)
 The proposed general plan may include:
(a) an environmental element that addresses:
(i) the protection, conservation, development, and use of natural resources, including
the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
and other natural resources; and
(ii) the reclamation of land, flood control, prevention and control of the pollution of
streams and other waters, regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
protection of watersheds and wetlands, and the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected municipal
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the use of land use ordinances, capital improvement plans, community development and
promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
10-9a-401
(2) or (3);
and
(g) any other element the municipality considers appropriate.
Section 4. Section 
10-9a-530
 is enacted to read:
 10-9a-530.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means for a building:
(a) exterior color;
(b) type or style of exterior cladding material;
(c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
(d) exterior nonstructural architectural ornamentation;
(e) location, design, placement, or architectural styling of a window or door, including
a garage door;
(f) number or type of rooms;
(g) interior layout of a room;
(h) minimum square footage;
(i) landscaping requirements; or
(j) minimum dimensions.
(2) A municipal legislative body may not adopt or enforce an ordinance regulating a
building design element.
(3) This section does not apply to:
(a) an ordinance regulating a structure located within an area designated as a historic
district on the National Register of Historic Places; or
(b) an ordinance enacted as a condition for participation in the National Flood
Insurance Program administered by the Federal Emergency Management Agency.
Section 5. Section 
15A-1-104
 is amended to read:
15A-1-104.
Permit approval required -- Certificate of occupancy valid.
(1) As used in this section:
(a) "Compliance agency" is as defined in Section 
15A-1-202
.
(b) "Project" is as defined in Section 
15A-1-209
.
(2) A compliance agency for a political subdivision may not reject a permit, or
otherwise withhold approval of a project whenever approval is required, for failure to comply
with the applicable provisions of this title unless the compliance agency:
(a) cites with specificity the applicable provision with which the project has failed to
comply; and
(b) describes how the project has failed to comply.
(3) If a compliance agency [
or a
]
,
 representative of a compliance agency
, or building
inspector that has the authority to issue a certificate of occupancy under Section 
10-5-132
,
10-6-160
, or 
17-36-55
 issues a certificate of occupancy, the [
compliance agency
] 
individual or
entity that issued the certificate of occupancy
 may not withdraw the certificate of occupancy or
exert additional jurisdiction over the elements of the project for which the certificate was
issued unless additional changes or modifications requiring a building permit are made to
elements of the project after the certificate was issued.
Section 6. Section 
15A-1-202
 is amended to read:
15A-1-202.
Definitions.
As used in this chapter:
(1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
or keeping or raising domestic animals.
(2) (a) "Approved code" means a code, including the standards and specifications
contained in the code, approved by the division under Section 
15A-1-204
 for use by a
compliance agency.
(b) "Approved code" does not include the State Construction Code.
(3) "Building" means a structure used or intended for supporting or sheltering any use
or occupancy and any improvements attached to it.
(4) "Code" means:
(a) the State Construction Code; or
(b) an approved code.
(5) "Commission" means the Uniform Building Code Commission created in Section
15A-1-203
.
(6) "Compliance agency" means:
(a) an agency of the state or any of its political subdivisions which issues permits for
construction regulated under the codes;
(b) any other agency of the state or its political subdivisions specifically empowered to
enforce compliance with the codes; or
(c) any other state agency which chooses to enforce codes adopted under this chapter
by authority given the agency under a title other than this part and Part 3, Factory Built
Housing and Modular Units Administration Act.
(7) "Construction code" means standards and specifications published by a nationally
recognized code authority for use in circumstances described in Subsection 
15A-1-204
(1),
including:
(a) a building code;
(b) an electrical code;
(c) a residential one and two family dwelling code;
(d) a plumbing code;
(e) a mechanical code;
(f) a fuel gas code;
(g) an energy conservation code;
(h) a swimming pool and spa code; and
(i) a manufactured housing installation standard code.
(8) "Construction project" means the same as that term is defined in Section 
38-1a-102
.
[
(8)
] 
(9)
 "Executive director" means the executive director of the Department of
Commerce.
[
(9)
] 
(10)
 "Legislative action" includes legislation that:
(a) adopts a new State Construction Code;
(b) amends the State Construction Code; or
(c) repeals one or more provisions of the State Construction Code.
[
(10)
] 
(11)
 "Local regulator" means a political subdivision of the state that is
empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
and other activities subject to the codes.
(12) "Membrane-covered frame structure" means a nonpressurized building with a
structure composed of a rigid framework to support a tensioned membrane that provides a
weather barrier.
(13) "Natural disaster" means:
(a) an explosion;
(b) fire;
(c) a flood;
(d) a storm;
(e) a tornado;
(f) winds;
(g) an earthquake;
(h) lightning; or
(i) any other adverse weather event.
[
(11)
] 
(14)
 "Not for human occupancy" means use of a structure for purposes other
than protection or comfort of human beings, but allows people to enter the structure for:
(a) maintenance and repair; and
(b) the care of livestock, crops, or equipment intended for agricultural use which are
kept there.
[
(12)
] 
(15)
 "Opinion" means a written, nonbinding, and advisory statement issued by
the commission concerning an interpretation of the meaning of the codes or the application of
the codes in a specific circumstance issued in response to a specific request by a party to the
issue.
(16) "Remote yurt" means a membrane-covered frame structure that:
(a) is no larger than 710 square feet;
(b) is not used as a permanent residence;
(c) is located in an unincorporated county area that is not zoned for residential,
commercial, industrial, or agricultural use;
(d) does not have plumbing or electricity;
(e) is set back at least 300 feet from any river, stream, lake, or other body of water; and
(f) is registered with the local health department.
[
(13)
] 
(17)
 "State regulator" means an agency of the state which is empowered to
engage in the regulation of construction, alteration, remodeling, building, repair, and other
activities subject to the codes adopted pursuant to this chapter.
Section 7. Section 
15A-1-204
 is amended to read:
15A-1-204.
Adoption of State Construction Code -- Amendments by commission
-- Approved codes -- Exemptions.
(1) (a) The State Construction Code is the construction codes adopted with any
modifications in accordance with this section that the state and each political subdivision of the
state shall follow.
(b) A person shall comply with the applicable provisions of the State Construction
Code when:
(i) new construction is involved; and
(ii) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
(A) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
conservation, or reconstruction of the building; or
(B) changing the character or use of the building in a manner that increases the
occupancy loads, other demands, or safety risks of the building.
(c) On and after July 1, 2010, the State Construction Code is the State Construction
Code in effect on July 1, 2010, until in accordance with this section:
(i) a new State Construction Code is adopted; or
(ii) one or more provisions of the State Construction Code are amended or repealed in
accordance with this section.
(d) A provision of the State Construction Code may be applicable:
(i) to the entire state; or
(ii) within a county, city, or town.
(2) (a) The Legislature shall adopt a State Construction Code by enacting legislation
that adopts a nationally recognized construction 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 Construction Code adopted by the Legislature is
the State Construction Code until, in accordance with this section, the Legislature adopts a new
State Construction Code by:
(i) adopting a new State Construction Code in its entirety; or
(ii) amending or repealing one or more provisions of the State Construction Code.
(3) (a) Except as provided in Subsection (3)(b), for each update of a nationally
recognized construction code, the commission shall prepare a report described in Subsection
(4).
(b) For the provisions of a nationally recognized construction 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
commission shall:
(i) prepare a report described in Subsection (4) in 2021 and, thereafter, for every
second update of the nationally recognized construction 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 a nationally recognized construction code, the commission
shall prepare and submit, in accordance with Section 
68-3-14
, a written report to the Business
and Labor Interim Committee that:
(i) states whether the commission 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; 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 commission shall, by no later than September 1 of each year in which
the commission is not required to submit a report described in Subsection (4), submit, in
accordance with Section 
68-3-14
, a written report to the Business and Labor Interim
Committee recommending whether the Legislature should amend or repeal one or more
provisions of the State Construction Code.
(ii) As part of a recommendation described in Subsection (5)(a)(i), the commission
shall describe the costs and benefits of each proposed amendment or repeal.
(b) The commission may recommend legislative action related to the State
Construction Code:
(i) on its own initiative;
(ii) upon the recommendation of the division; or
(iii) upon the receipt of a request by one of the following that the commission
recommend legislative action related to the State Construction Code:
(A) a local regulator;
(B) a state regulator;
(C) a state agency involved with the construction and design of a building;
(D) the Construction Services Commission;
(E) the Electrician Licensing Board;
(F) the Plumbers Licensing Board; or
(G) a recognized construction-related association.
(c) 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.
(6) (a) Notwithstanding the provisions of this section, the commission may, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, amend the State
Construction Code if the commission 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 commission amends the State Construction Code in accordance with this
Subsection (6), the commission shall file with the division:
(i) the text of the amendment to the State Construction Code; and
(ii) an analysis that includes the specific reasons and justifications for the commission's
findings.
(c) If the State Construction Code is amended under this Subsection (6), the division
shall:
(i) publish the amendment to the State Construction Code in accordance with Section
15A-1-205
; and
(ii) prepare and submit, in accordance with Section 
68-3-14
, a written notice to the
Business and Labor Interim Committee containing the amendment to the State Construction
Code, including a copy of the commission's analysis described in Subsection (6)(b)(ii).
(d) If not formally adopted by the Legislature at the next annual general session, an
amendment to the State Construction Code 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) The division, in consultation with the commission, may approve, without
adopting, one or more approved codes, including a specific edition of a construction code, for
use by a compliance agency.
(b) If the code adopted by a compliance agency is an approved code described in
Subsection (7)(a), the compliance agency may:
(i) adopt an ordinance requiring removal, demolition, or repair of a building;
(ii) adopt, by ordinance or rule, a dangerous building code; or
(iii) adopt, by ordinance or rule, a building rehabilitation code.
(8) Except as provided in Subsections (6), (7), (9), and (10), or as expressly provided in
state law, a state executive branch entity or political subdivision of the state may not, after
December 1, 2016, adopt or enforce a rule, ordinance, or requirement that applies to a subject
specifically addressed by, and that is more restrictive than, the State Construction Code.
(9) 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.
(10) The Department of Health or the Department of Environmental Quality may
enforce a rule or requirement adopted before January 1, 2015.
(11) (a) Except as provided in Subsection (11)(b), a structure used solely in
conjunction with agriculture use, and not for human occupancy, or a structure that is no more
than 1,500 square feet and used solely for the type of sales described in Subsection
59-12-104
(20), is exempt from the requirements of the State Construction Code.
(b) (i) Unless exempted by a provision other than Subsection (11)(a), a plumbing,
electrical, and mechanical permit may be required when that work is included in a structure
described in Subsection (11)(a).
(ii) Unless located in whole or in part in an agricultural protection area created under
Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection
Areas, a structure described in Subsection (11)(a) is not exempt from a permit requirement if
the structure is located on land that is:
(A) within the boundaries of a city or town, and less than five contiguous acres; or
(B) within a subdivision for which the county has approved a subdivision plat under
Title 17, Chapter 27a, Part 6, Subdivisions, and less than two contiguous acres.
[
(12) (a) As used in this Subsection (12):
]
[
(i) "Membrane-covered frame structure" means a nonpressurized building wherein the
structure is composed of a rigid framework to support a tensioned membrane that provides the
weather barrier.
]
[
(ii) "Remote yurt" means a membrane-covered frame structure that:
]
[
(A) is no larger than 710 square feet;
]
[
(B) is not used as a permanent residence;
]
[
(C) is located in an unincorporated county area that is not zoned for residential,
commercial, industrial, or agricultural use;
]
[
(D) does not have plumbing or electricity;
]
[
(E) is set back at least 300 feet from any river, stream, lake, or other body of water;
and
]
[
(F) registers with the local health department.
]
[
(b)
] 
(12) (a)
 A remote yurt is exempt from the State Construction Code including the
permit requirements of the State Construction Code.
[
(c)
] 
(b)
 Notwithstanding Subsection (12)[
(b)
]
(a)
, a county may by ordinance require
remote yurts to comply with the State Construction Code, if the ordinance requires the remote
yurts to comply with all of the following:
(i) the State Construction Code;
(ii) notwithstanding Section 
15A-5-104
, the State Fire Code; and
(iii) notwithstanding Section 
19-5-125
, Title 19, Chapter 5, Water Quality Act, rules
made under that chapter, and local health department's jurisdiction over onsite wastewater
disposal.
(13) (a) Subsection (1)(b) does not apply to a person repairing damage to an existing
structure caused by a natural disaster, if the sole purpose of the repairs is to restore the structure
to the same or substantially the same condition as before the natural disaster.
(b) Subject to Subsection (13)(c), the permit requirements of the State Construction
Code do not apply to a construction project involving repairs to an existing structure described
in Subsection (13)(a).
(c) Upon the completion of a construction project involving repairs to an existing
structure described in Subsection (13)(a), the owner of the structure shall ensure that the
structure, to determine compliance with Subsection (13)(a), is inspected by:
(i) the local regulator within the political subdivision in which the construction project
takes place; or
(ii) a licensed building inspector, as defined in Section 
10-6-160
, in accordance with:
(A) Subsection 
10-5-132
(6), if the local regulator described in Subsection (13)(c)(i) is
a town;
(B) Subsection 
10-6-160
(6), if the local regulator described in Subsection (13)(c)(i) is a
city; or
(C) Subsection 
17-36-55
(6), if the local regulator described in Subsection (13)(c)(i) is a
county.
Section 8. Section 
15A-3-102
 is amended to read:
15A-3-102.
Amendments to Chapters 1 through 3 of IBC.
(1) IBC, Section 106, is deleted.
(2) In IBC, Section 110, a new section is added as follows: " 110.3.5.1,
Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant
exterior wall envelope as required by Section 1404.2, and flashing as required by Section
1404.4 to prevent water from entering the weather-resistive barrier."
(3) In IBC, Section 111.2, a new exception is added as follows: "Exception: A licensed
building inspector who conducts an inspection on behalf of the owner or the owner's authorized
agent in accordance with Utah Code, Section 
10-5-132
, 
10-6-160
, or 
17-36-55
 may issue a
certificate of occupancy."
[
(3)
] 
(4)
 IBC, Section 115.1, is deleted and replaced with the following: "115.1
Authority. Whenever the building official finds any work regulated by this code being
performed in a manner either contrary to the provisions of this code or other pertinent laws or
ordinances or is dangerous or unsafe, the building official is authorized to stop work."
[
(4)
] 
(5)
 In IBC, Section 202, the following definition is added for Ambulatory
Surgical Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building
licensed by the Utah Department of Health where procedures are performed that may render
patients incapable of self preservation where care is less than 24 hours. See Utah
Administrative Code R432-13."
[
(5)
] 
(6)
 In IBC, Section 202, the following definition is added for Assisted Living
Facility: "ASSISTED LIVING FACILITY. See Residential Treatment/Support Assisted Living
Facility, Type I Assisted Living Facility, and Type II Assisted Living Facility."
[
(6)
] 
(7)
 In IBC, Section 202, the definition for Foster Care Facilities is modified by
deleting the word "Foster" and replacing it with the word "Child."
(8) In IBC, Section 202, the following definition is added for Licensed Building
Inspector: "LICENSED BUILDING INSPECTOR. An individual who is licensed by the Utah
Division of Occupational and Professional Licensing under Utah Code, Title 58, Chapter 56,
Building Inspector and Factory Built Housing Licensing Act."
[
(7)
] 
(9)
 In IBC, Section 202, the definition for "[F]Record Drawings" is modified by
deleting the words "a fire alarm system" and replacing them with "any fire protection system."
[
(8)
] 
(10)
 In IBC, Section 202, the following definition is added for Residential
Treatment/Support Assisted Living Facility: "RESIDENTIAL TREATMENT/SUPPORT
ASSISTED LIVING FACILITY. A residential facility that provides a group living
environment for four or more residents licensed by the Department of Human Services, and
provides a protected living arrangement for ambulatory, non-restrained persons who are
capable of achieving mobility sufficient to exit the facility without the physical assistance of
another person."
[
(9)
] 
(11)
 In IBC, Section 202, the following definition is added for Type I Assisted
Living Facility: "TYPE I ASSISTED LIVING FACILITY. A residential facility licensed by the
Department of Health that provides a protected living arrangement, assistance with activities of
daily living and social care to two or more ambulatory, non-restrained persons who are capable
of mobility sufficient to exit the facility without the assistance of another person. Subcategories
are:
Limited Capacity: two to five residents;
Small: six to sixteen residents; and
Large: over sixteen residents."
[
(10)
] 
(12)
 In IBC, Section 202, the following definition is added for Type II Assisted
Living Facility: "TYPE II ASSISTED LIVING FACILITY. A residential facility licensed by
the Department of Health that provides an array of coordinated supportive personal and health
care services to two or more residents who are:
A. Physically disabled but able to direct his or her own care; or
B. Cognitively impaired or physically disabled but able to evacuate from the facility, or
to a zone or area of safety, with the physical assistance of one person. Subcategories are:
Limited Capacity: two to five residents;
Small: six to sixteen residents; and
Large: over sixteen residents."
[
(11)
] 
(13)
 In IBC, Section 305.2, the following changes are made:
(a) delete the words "more than five children older than 2 1/2 years of age" and replace
with the words "five or more children 2 years of age or older";
(b) after the word "supervision" insert the words "child care services"; and
(c) add the following sentence at the end of the paragraph: "See Section 429, Day Care,
for special requirements for day care."
[
(12)
] 
(14)
 In IBC, Section 305.2.2 and 305.2.3, the word "five" is deleted and replaced
with the word "four" in all places.
[
(13)
] 
(15)
 A new IBC Section 305.2.4 is added as follows: "305.2.4 Child day care --
residential child care certificate or a license. Areas used for child day care purposes with a
residential child care certificate, as described in Utah Administrative Code, R430-50,
Residential Certificate Child Care, or a residential child care license, as described in Utah
Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or
R-3 occupancy as provided in Sections 310.3 and 310.4 comply with the International
Residential Code in accordance with Section R101.2."
[
(14)
] 
(16)
 A new IBC Section 305.2.5 is added as follows: "305.2.5 Child care
centers. Each of the following areas may be classified as accessory occupancies, if the area
complies with Section 508.2:
1. Hourly child care centers, as described in Utah Administrative Code, R381-60,
Hourly Child Care Centers;
2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
Centers; and
3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
Out of School Time Child Care Programs."
[
(15)
] 
(17)
 In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives,
Division 1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
[
(16)
] 
(18)
 In IBC, Section 308.2, in the list of items under "This group shall include,"
the words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted
living facilities."
[
(17)
] 
(19)
 In IBC, Section 308.2.4, all of the words after the first International
Residential Code are deleted.
[
(18)
] 
(20)
 A new IBC, Section 308.2.5 is added as follows:
"308.2.5 Group I-1 assisted living facility occupancy groups. The following occupancy
groups shall apply to assisted living facilities:
Type I assisted living facilities with seventeen or more residents are Large Facilities
classified as an Institutional Group I-1, Condition 1 occupancy.
Type II assisted living facilities with six to sixteen residents are Small Facilities
classified as an Institutional Group I-1, Condition 2 occupancy. See Section 202 for
definitions."
[
(19)
] 
(21)
 In IBC, Section 308.3 Institutional Group I-2, the following changes are
made:
(a) The words "more than five" are deleted and replaced with "four or more";
(b) The group "Assisted living facilities, Type-II Large" is added to the list of groups;
(c) The words "Foster care facilities" are deleted and replaced with the words "Child
care facilities"; and
(d) The words "(both intermediate care facilities and skilled nursing facilities)" are
added after "Nursing homes."
[
(20)
] 
(22)
 In IBC, Section 308.3.2, the number "five" is deleted and replaced with the
number "four" in each location.
[
(21)
] 
(23)
 A new IBC, Section 308.3.3 is added as follows:
"308.3.3 Group I-2 assisted living facilities. Type II assisted living facilities with
seventeen or more residents are Large Facilities classified as an Institutional Group I-2,
Condition 1 occupancy. See Section 202 for definitions."
[
(22)
] 
(24)
 In IBC, Section 308.5, the words "more than five" are deleted and replaced
with the words "five or more."
[
(23)
] 
(25)
 In IBC, Section 308.5.1, the following changes are made:
(a) The words "more than five" are deleted and replaced with the words "five or more."
(b) The words "2-1/2 years or less of age" are deleted and replaced with "under the age
of two."
(c) The following sentence is added at the end: "See Section 429 for special
requirements for Day Care."
[
(24)
] 
(26)
 In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted
and replaced with the words "four or fewer" in both places and the following sentence is added
at the end: "See Section 429 for special requirements for Day Care."
[
(25)
] 
(27)
 In IBC, Section 310.4, the following changes are made:
(a) The words "and single family dwellings complying with the IRC" are added after
"Residential Group-3 occupancies."
(b) The words "Assisted Living Facilities, limited capacity" are added to the list of
occupancies.
[
(26)
] 
(28)
 In IBC, Section 310.4.1, the following changes are made:
(a) The words "other than Child Care" are inserted after the words "Care facilities" in
the first sentence.
(b) All of the words after the first "International Residential Code" are deleted.
(c) The following sentence is added at the end of the last sentence: "See Section 429
for special requirements for Child Day Care."
[
(27)
] 
(29)
 A new IBC Section 310.4.3 is added as follows: " 310.4.3 Child Care. 
Areas used for child care purposes may be located in a residential dwelling unit under all of the
following conditions and Section 429:
1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted under the
authority of the Utah Fire Prevention Board.
2. Use is approved by the Utah Department of Health, as enacted under the authority of the
Utah Code, Title 26, Chapter 39, Utah Child Care Licensing Act, and in any of the following
categories:
a. Utah Administrative Code, R430-50, Residential Certificate Child Care.
b. Utah Administrative Code, R430-90, Licensed Family Child Care.
3. Compliance with all zoning regulations of the local regulator."
[
(28)
] 
(30)
 A new IBC, Section 310.4.4 is added as follows: "310.4.4 Assisted living
facilities. Type I assisted living facilities with two to five residents are Limited Capacity
facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the
International Residential Code. See Section 202 for definitions."
[
(29)
] 
(31)
 In IBC, Section 310.5, the words "Type II Limited Capacity and Type I
Small, see Section 310.5.3" are added after the words "assisted living facilities."
[
(30)
] 
(32)
 A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4
Assisted living facility occupancy groups. The following occupancy groups shall apply to
Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are
Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type
I assisted living facilities with six to sixteen residents are Small Facilities classified as
Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
Section 9. Section 
15A-5-104
 is amended to read:
15A-5-104.
Exemptions from State Fire Code.
(1) As used in this section, "remote yurt" means the same as that term is defined in
[
Subsection 
15A-1-204
(12)
] 
Section 
15A-1-202
.
(2) A remote yurt is exempt from the State Fire Code unless otherwise provided by
ordinance in accordance with Subsection 
15A-1-204
(12)[
(c)
]
(b)
.
(3) An owner of a remote yurt shall ensure that a fire extinguisher is in the remote yurt.
Section 10. Section 
17-27a-403
 is amended to read:
17-27a-403.
Plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
17-27a-203
, of its intent to make a recommendation to the county legislative body for a general
plan or a comprehensive general plan amendment when the planning commission initiates the
process of preparing its recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for:
(i) the unincorporated area within the county; or
(ii) if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c) (i) The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated territory or of
the county as a whole.
(ii) Elements of the county plan that address incorporated areas are not an official plan
or part of a municipal plan for any municipality, unless it is recommended by the municipal
planning commission and adopted by the governing body of the municipality.
(iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
planning district, the plan for the mountainous planning district controls and precedes a
municipal plan, if any, to which the property would be subject.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate; and
(B) may include a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories covered by the plan;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) addresses the county's plan for residential and commercial development around
major transit investment corridors to maintain and improve the connections between housing,
employment, education, recreation, and commerce; and
(C) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan;
(iii) a plan for the development of additional moderate income housing within the
unincorporated area of the county or the mountainous planning district, and a plan to provide a
realistic opportunity to meet the need for additional moderate income housing; and
(iv) before May 1, 2017, a resource management plan detailing the findings, objectives,
and policies required by Subsection 
17-27a-401
(3).
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that counties should facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) shall include an analysis of how the county will provide a realistic opportunity for
the development of moderate income housing within the planning horizon, which may include
a recommendation to implement three or more of the following strategies:
(A) rezone for densities necessary to assure the production of moderate income
housing;
(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
construction of moderate income housing;
(C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate
income housing;
(D) consider county general fund subsidies or other sources of revenue to waive
construction related fees that are otherwise generally imposed by the county;
(E) create or allow for, and reduce regulations related to, accessory dwelling units in
residential zones;
(F) allow for higher density or moderate income residential development in
commercial and mixed-use zones, commercial centers, or employment centers;
(G) encourage higher density or moderate income residential development near major
transit investment corridors;
(H) eliminate or reduce parking requirements for residential development where a
resident is less likely to rely on the resident's own vehicle, such as residential development near
major transit investment corridors or senior living facilities;
(I) allow for single room occupancy developments;
(J) implement zoning incentives for low to moderate income units in new
developments;
(K) utilize strategies that preserve subsidized low to moderate income units on a
long-term basis;
(L) preserve existing moderate income housing;
(M) reduce impact fees, as defined in Section 
11-36a-102
, related to low and moderate
income housing;
(N) participate in a community land trust program for low or moderate income
housing;
(O) implement a mortgage assistance program for employees of the county or of an
employer that provides contracted services for the county;
(P) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing;
(Q) apply for or partner with an entity that applies for programs offered by the Utah
Housing Corporation within that agency's funding capacity;
(R) apply for or partner with an entity that applies for affordable housing programs
administered by the Department of Workforce Services;
(S) apply for or partner with an entity that applies for services provided by a public
housing authority to preserve and create moderate income housing;
(T) apply for or partner with an entity that applies for programs administered by a
metropolitan planning organization or other transportation agency that provides technical
planning assistance;
(U) utilize a moderate income housing set aside from a community reinvestment
agency, redevelopment agency, or community development and renewal agency; 
and
[
(V) reduce residential building design elements as defined in Section 
10-9a-403
; and
]
[
(W)
] 
(V)
 consider any other program or strategy implemented by the county to address
the housing needs of residents of the county who earn less than 80% of the area median
income.
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the unincorporated area
of the county or mountainous planning district; and
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture.
(d) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) consider the regional transportation plan developed by its region's metropolitan
planning organization, if the relevant areas of the county are within the boundaries of a
metropolitan planning organization; or
(ii) consider the long-range transportation plan developed by the Department of
Transportation, if the relevant areas of the county are not within the boundaries of a
metropolitan planning organization.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) to the extent not covered by the county's resource management plan, the protection,
conservation, development, and use of natural resources, including the quality of air, forests,
soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources;
and
(ii) the reclamation of land, flood control, prevention and control of the pollution of
streams and other waters, regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
protection of watersheds and wetlands, and the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected county
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the use of land use ordinances, capital improvement plans, community development and
promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
17-27a-401
(2) or
(3)(a)(i); and
(g) any other element the county considers appropriate.
Section 11. Section 
17-27a-527
 is enacted to read:
 17-27a-527.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means the same as that term is
defined in Section 
10-9a-530
.
(2) A county legislative body may not adopt or enforce an ordinance regulating a
building design element.
(3) This section does not apply to:
(a) an ordinance regulating a structure located within an area designated as a historic
district on the National Register of Historic Places; or
(b) an ordinance enacted as a condition for participation in the National Flood
Insurance Program administered by the Federal Emergency Management Agency.
Section 12. 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) "Licensed building inspector" means an individual who is licensed by the Division
of Occupational and Professional Licensing under Title 58, Chapter 56, Building Inspector and
Factory Built Housing Licensing Act.
[
(b)
] 
(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 dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
[
(c)
] 
(d)
 "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.
[
(d)
] 
(e)
 (i) "Plan review" means all of the reviews and approvals of a plan that 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;
(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) "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.
[
(e)
] 
(f)
 "State Construction Code" means the same as that term is defined in Section
15A-1-102
.
[
(f)
] 
(g)
 "State Fire Code" means the same as that term is defined in Section
15A-1-102
.
[
(g)
] 
(h)
 "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)[
(g)
]
(h)
(i),
a review that a licensed engineer conducts.
[
(h)
] 
(i)
 "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 after the
day on which the county receives the request for the inspection, the county shall promptly
engage an independent inspector with fees collected from the applicant.
(c) If an inspector identifies one or more violations of the State Construction Code or
State Fire Code during an inspection, the inspector shall give the permit holder written
notification that:
(i) identifies each violation;
(ii) upon request by the permit holder, includes a reference to each applicable provision
of the State Construction Code or State Fire Code; and
(iii) is delivered:
(A) in hardcopy or by electronic means; and
(B) the day on which the inspection occurs.
(3) (a) A county shall complete 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 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.
(4) (a) A county may not enforce a requirement to have a plan review if:
(i) 
(A)
 the county does not complete the plan review within the time period described
in Subsection (3)(a) or (b); and
[
(ii)
] 
(B)
 a licensed architect or structural engineer, or both when required by law,
stamps the plan[
.
]
; or
(ii) the applicant opts out of the plan review requirement in accordance with
Subsection (7).
(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.
(6) (a) An applicant may opt out of an inspection requirement under this section if:
(i) the applicant:
(A) engages a licensed building inspector to complete all required inspections of the
construction project on the applicant's behalf; and
(B) at the time the applicant opts out of the inspection, notifies the county in writing of
the name and address of the licensed building inspector described in Subsection (6)(a)(i)(A);
and
(ii) the licensed building inspector described in Subsection (6)(a)(i)(A):
(A) completes all required inspections of the construction project on the applicant's
behalf; and
(B) notifies the county in writing after the licensed building inspector completes the
final inspection of the construction project.
(b) A licensed building inspector who inspects a construction project on an applicant's
behalf under Subsection (6)(a) shall issue the applicant a certificate of occupancy after
providing the notification described in Subsection (6)(a)(ii)(B).
(7) (a) An applicant may opt out of a plan review requirement under this section if the
applicant:
(i) engages a licensed building inspector to review the plan on the applicant's behalf;
and
(ii) at the time the applicant opts out of the plan review, notifies the county in writing
of the name and address of the licensed building inspector described in Subsection (7)(a)(i).
(b) (i) If an applicant opts out of a plan review requirement under Subsection (7)(a), the
county may require a zoning review to verify that the construction project complies with
applicable zoning ordinances.
(ii) A county that requires a zoning review under Subsection (7)(b)(i):
(A) shall complete the zoning review no later than two business days after the day on
which the applicant opts out of the plan review; and
(B) may charge the applicant a zoning review fee not to exceed $200.
(8) (a) Except as provided in Subsection (8)(b), a county may not charge an applicant a
fee for a building permit, other than the fee described in Subsection (7)(b)(ii)(B), that exceeds
one-half of the regular fee amount that the county charges for a building permit, if the applicant
opts out of either:
(i) an inspection requirement under Subsection (6); or
(ii) a plan review requirement under Subsection (7).
(b) If an applicant opts out of both an inspection requirement under Subsection (6) and
a plan review requirement under Subsection (7), the county may not charge the applicant a fee
for a building permit, other than the fee described in Subsection (7)(b)(ii)(B).
Section 13. Section 
38-1a-102
 is amended to read:
38-1a-102.
Definitions.
As used in this chapter:
(1) "Alternate means" means a method of filing a legible and complete notice or other
document with the registry other than electronically, as established by the division by rule.
(2) "Anticipated improvement" means the improvement:
(a) for which preconstruction service is performed; and
(b) that is anticipated to follow the performing of preconstruction service.
(3) "Applicable county recorder" means the office of the recorder of each county in
which any part of the property on which a claimant claims or intends to claim a preconstruction
or construction lien is located.
(4) "Bona fide loan" means a loan to an owner or owner-builder by a lender in which
the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting
shares or other ownership interest.
(5) "Claimant" means a person entitled to claim a preconstruction or construction lien.
(6) "Compensation" means the payment of money for a service rendered or an expense
incurred, whether based on:
(a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or
percentage fee, or commission; or
(b) a combination of the bases listed in Subsection (6)(a).
(7) "Construction lender" means a person who makes a construction loan.
(8) "Construction lien" means a lien under this chapter for construction work.
(9) "Construction loan" does not include a consumer loan secured by the equity in the
consumer's home.
(10) "Construction project" means an improvement that is constructed pursuant to an
original contract.
(11) "Construction work":
(a) means labor, service, material, or equipment provided for the purpose and during
the process of constructing, altering, or repairing an improvement; and
(b) includes scheduling, estimating, staking, supervising, managing, materials testing,
inspection, observation, and quality control or assurance involved in constructing, altering, or
repairing an improvement.
(12) "Contestable notice" means a notice of preconstruction service under Section
38-1a-401
, a preliminary notice under Section 
38-1a-501
, or a notice of completion under
Section 
38-1a-506
.
(13) "Contesting person" means an owner, original contractor, subcontractor, or other
interested person.
(14) "Designated agent" means the third party the division contracts with as provided
in Section 
38-1a-202
 to create and maintain the registry.
(15) "Division" means the Division of Occupational and Professional Licensing created
in Section 
58-1-103
.
(16) "Entry number" means the reference number that:
(a) the designated agent assigns to each notice or other document filed with the
registry; and
(b) is unique for each notice or other document.
(17) "Final completion" means:
(a) the date of issuance of a permanent certificate of occupancy by the local
government entity having jurisdiction over the construction project 
or building inspector that
has the authority to issue a certificate of occupancy for the construction project under Section
10-5-132
, 
10-6-160
, or 
17-36-55
, if a permanent certificate of occupancy is required;
(b) the date of the final inspection of the construction work by the local government
entity having jurisdiction over the construction project 
or building inspector described in
Subsection (17)(a)
, if an inspection is required under a state-adopted building code applicable
to the construction work, but no certificate of occupancy is required;
(c) unless the owner is holding payment to ensure completion of construction work, the
date on which there remains no substantial work to be completed to finish the construction
work under the original contract, if a certificate of occupancy is not required and a final
inspection is not required under an applicable state-adopted building code; or
(d) the last date on which substantial work was performed under the original contract,
if, because the original contract is terminated before completion of the construction work
defined by the original contract, the local government entity having jurisdiction over the
construction project 
or building inspector described in Subsection (17)(a)
 does not issue a
certificate of occupancy or perform a final inspection.
(18) "Final lien waiver" means a form that complies with Subsection 
38-1a-802
(4)(c).
(19) "First preliminary notice filing" means a preliminary notice that:
(a) is the earliest preliminary notice filed on the construction project for which the
preliminary notice is filed;
(b) is filed on a construction project that, at the time the preliminary notice is filed, has
not reached final completion; and
(c) is not cancelled under Section 
38-1a-307
.
(20) "Government project-identifying information" has the same meaning as defined in
Section 
38-1b-102
.
(21) "Improvement" means:
(a) a building, infrastructure, utility, or other human-made structure or object
constructed on or for and affixed to real property; or
(b) a repair, modification, or alteration of a building, infrastructure, utility, or object
referred to in Subsection (21)(a).
(22) "Interested person" means a person that may be affected by a construction project.
(23) "Notice of commencement" means a notice required under Section 
38-1b-201
 for
a government project, as defined in Section 
38-1b-102
.
(24) "Original contract":
(a) means a contract between an owner and an original contractor for preconstruction
service or construction work; and
(b) does not include a contract between an owner-builder and another person.
(25) "Original contractor" means a person, including an owner-builder, that contracts
with an owner to provide preconstruction service or construction work.
(26) "Owner" means the person that owns the project property.
(27) "Owner-builder" means an owner, including an owner who is also an original
contractor, who:
(a) contracts with one or more other persons for preconstruction service or construction
work for an improvement on the owner's real property; and
(b) obtains a building permit for the improvement.
(28) "Preconstruction lien" means a lien under this chapter for a preconstruction
service.
(29) "Preconstruction service":
(a) means to plan or design, or to assist in the planning or design of, an improvement or
a proposed improvement:
(i) before construction of the improvement commences; and
(ii) for compensation separate from any compensation paid or to be paid for
construction work for the improvement; and
(b) includes consulting, conducting a site investigation or assessment, programming,
preconstruction cost or quantity estimating, preconstruction scheduling, performing a
preconstruction construction feasibility review, procuring construction services, and preparing
a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan,
drawing, specification, or contract document.
(30) "Private project" means a construction project that is not a government project.
(31) "Project property" means the real property on or for which preconstruction service
or construction work is or will be provided.
(32) "Registry" means the State Construction Registry under Part 2, State Construction
Registry.
(33) "Required notice" means:
(a) a notice of preconstruction service under Section 
38-1a-401
;
(b) a preliminary notice under Section 
38-1a-501
 or Section 
38-1b-202
;
(c) a notice of commencement;
(d) a notice of construction loan under Section 
38-1a-601
;
(e) a notice under Section 
38-1a-602
 concerning a construction loan default;
(f) a notice of intent to obtain final completion under Section 
38-1a-506
; or
(g) a notice of completion under Section 
38-1a-507
.
(34) "Subcontractor" means a person that contracts to provide preconstruction service
or construction work to:
(a) a person other than the owner; or
(b) the owner, if the owner is an owner-builder.
(35) "Substantial work" does not include repair work or warranty work.
(36) "Supervisory subcontractor" means a person that:
(a) is a subcontractor under contract to provide preconstruction service or construction
work; and
(b) contracts with one or more other subcontractors for the other subcontractor or
subcontractors to provide preconstruction service or construction work that the person is under
contract to provide.
Section 14. Section 
78B-2-225
 is amended to read:
78B-2-225.
Actions related to improvements in real property.
(1) As used in this section:
(a) "Abandonment" means that there has been no design or construction activity on an
improvement for a continuous period of at least one year.
(b) "Action" means any claim for judicial, arbitral, or administrative relief for acts,
errors, omissions, or breach of duty arising out of or related to the design, construction, or
installation of an improvement, regardless of whether that action is based in tort, contract,
warranty, strict liability, product liability, indemnity, contribution, or other source of law.
(c) "Completion" means the date of substantial completion of an improvement to real
property as established by the earliest of:
(i) a [
Certificate of Substantial Completion
] 
certificate of substantial completion
;
(ii) a [
Certificate of Occupancy
] 
certificate of occupancy
 issued by a governing agency
or building inspector that has the authority to issue the certificate of occupancy under Section
10-5-132
, 
10-6-160
, or 
17-36-55
; or
(iii) the date of first use or possession of the improvement.
(d) "Improvement" means any building, structure, infrastructure, road, utility, or other
similar man-made change, addition, modification, or alteration to real property.
(e) "Person" means an individual, corporation, limited liability company, partnership,
joint venture, association, proprietorship, or any other legal or governmental entity.
(f) "Provider" means any person:
(i) contributing to, providing, or performing:
(A) studies, plans, specifications, drawings, designs, value engineering, cost or quantity
estimates, surveys, staking, construction, installation, or labor to an improvement; or
(B) the review, observation, administration, management, supervision, inspections, and
tests of construction for or in relation to an improvement; or
(ii) providing or contributing materials, products, or equipment that is incorporated
into an improvement.
(2) The Legislature finds that:
(a) exposing a provider to suits and liability for acts, errors, omissions, or breach of
duty after the possibility of injury or damage has become highly remote and unexpectedly
creates costs and hardships to the provider and the citizens of the state;
(b) these costs and hardships include liability insurance costs, records storage costs,
undue and unlimited liability risks during the life of both a provider and an improvement, and
difficulties in defending against claims many years after completion of an improvement;
(c) these costs and hardships constitute clear social and economic evils;
(d) the possibility of injury and damage becomes highly remote and unexpected seven
years following completion or abandonment; and
(e) except as provided in Subsection (7), it is in the best interests of the citizens of the
state to impose the periods of limitation and repose provided in this chapter upon all causes of
action by or against a provider arising out of or related to the design, construction, or
installation of an improvement.
(3) (a) Except as provided in Subsections (3)(b) and (c), an action by or against a
provider based in contract or warranty shall be commenced within six years after the date of
completion or abandonment of an improvement.
(b) If a provider is required by an express term of a contract or warranty to perform an
obligation later than the six-year period described in Subsection (3)(a), and the provider fails to
perform the obligation as required, an action for that breach of the contract or warranty shall be
commenced within two years after the day on which the breach is discovered or should have
been discovered.
(c) If a contract or warranty expressly establishes a different period of limitations than
this section, the action shall be commenced within that limitations period.
(4) (a) All other actions by or against a provider shall be commenced within two years
from the earlier of the date of discovery of a cause of action or the date upon which a cause of
action should have been discovered through reasonable diligence.
(b) If the cause of action is discovered or discoverable before completion or
abandonment of an improvement, the two-year period begins to run upon completion or
abandonment.
(c) Notwithstanding Subsection (4)(a), and except as provided in Subsection (4)(d), an
action under this Subsection (4) may not be commenced against a provider more than nine
years after completion or abandonment of an improvement.
(d) If an action under Subsection (4)(a) is discovered or discoverable in the eighth or
ninth year of the nine-year period, a claimant shall have two years from the date of discovery to
commence an action.
(5) Subsection (4) does not apply to an action against a provider:
(a) who has fraudulently concealed the provider's act, error, omission, or breach of
duty, or the injury, damage, or other loss caused by the provider's act, error, omission, or breach
of duty; or
(b) for a willful or intentional act, error, omission, or breach of duty.
(6) If an individual otherwise entitled to bring an action did not commence the action
within the periods prescribed by Subsections (3) and (4) solely because that individual was a
minor or mentally incompetent and without a legal guardian, that individual shall have two
years from the date the disability is removed to commence the action.
(7) This section shall not apply to an action for the death of or bodily injury to an
individual while engaged in the design, installation, or construction of an improvement.
(8) This section does not apply to any action against any person in actual possession or
control of the improvement as owner, tenant, or otherwise, at the time any defective or unsafe
condition of the improvement proximately causes the injury for which the action is brought.
(9) This section does not extend the period of limitation or repose otherwise prescribed
by law or a valid and enforceable contract.
(10) This section does not create or modify any claim or cause of action.
(11) This section applies to all causes of action that accrue after May 3, 2003,
notwithstanding that the improvement was completed or abandoned before May 3, 2004.