Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1003 (2021S1)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 5/28/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies requirements for a building permit application;
• prohibits a municipality or county from regulating certain building design elements;
• standardizes the name of the Utah Home Builders Association throughout the Utah Code; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

GOVERNMENT BUILDING REGULATION AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill amends provisions related to government building regulation.
Highlighted Provisions:
This bill:
▸ modifies requirements for a building permit application;
▸ prohibits a municipality or county from regulating certain building design elements;
▸ standardizes the name of the Utah Home Builders Association throughout the Utah
Code; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-5-132
, 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-401
, as last amended by Laws of Utah 2021, Chapters 64 and 333
10-9a-403
, as last amended by Laws of Utah 2020, Chapter 136
10-9a-404
, as last amended by Laws of Utah 2021, Chapters 64 and 333
10-9a-408
, as last amended by Laws of Utah 2021, Chapters 64 and 333
13-43-202
, as last amended by Laws of Utah 2010, Chapter 286
15A-1-202
, as last amended by Laws of Utah 2020, Chapter 441
15A-1-204
 (Superseded 07/01/21)
, as last amended by Laws of Utah 2020, Chapters
111 and 441
15A-1-204
 (Effective 07/01/21)
, as last amended by Laws of Utah 2021, Chapter 199
15A-5-104
, as enacted by Laws of Utah 2020, Chapter 111
17-27a-403
, as last amended by Laws of Utah 2021, Chapter 363
17-36-55
, as last amended by Laws of Utah 2020, Chapter 441
19-5-125
, as enacted by Laws of Utah 2020, Chapter 111
58-55-102
, as last amended by Laws of Utah 2019, Chapter 215
58-55-302.5
, as last amended by Laws of Utah 2019, Chapter 215
63N-3-603
, as enacted by Laws of Utah 2021, Chapter 411
ENACTS:
10-9a-534
, Utah Code Annotated 1953
17-27a-530
, 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) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
[
(a)
] 
(b)
 "Construction project" means the same as that term is defined in Section
38-1a-102
.
[
(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 
a construction project other than a construction
project for a one to two family dwelling or townhome if
 additional modifications or substantive
changes 
are
 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
] 
applicant submits a complete building permit application
 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
] 
applicant submits
a complete building permit application
 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. 
[
(b)
] 
(5) (a)
 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)
] 
(b)
 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)
] 
(5)(a)
 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.
]
(c) A town may only require a single resubmittal of plans for a one or two family
dwelling or townhome if the resubmission is required to address deficiencies identified by a
third-party review of a geotechnical report or geological report.
(6) If a town charges a fee for a building permit, the town may not refuse payment of
the fee at the time the applicant submits a building permit application under Subsection (3).
(7) A town may not limit the number of building permit applications submitted under
Subsection (3).
(8) For purposes of Subsection (3), a building permit application is complete if the
application contains:
(a) the name, address, and contact information of:
(i) the applicant; and
(ii) the construction manager/general contractor, as defined in Section 
63G-6a-103
, for
the construction project;
(b) a site plan for the construction project that:
(i) is drawn to scale;
(ii) includes a north arrow and legend; and
(iii) provides specifications for the following:
(A) lot size and dimensions;
(B) setbacks and overhangs for setbacks;
(C) easements;
(D) property lines;
(E) topographical details, if the slope of the lot is greater than 10%;
(F) retaining walls;
(G) hard surface areas;
(H) curb and gutter elevations as indicated in the subdivision documents;
(I) utilities, including water meter and sewer lateral location;
(J) street names;
(K) driveway locations;
(L) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(M) the location of the nearest hydrant;
(c) construction plans and drawings, including:
(i) elevations, only if the construction project is new construction;
(ii) floor plans for each level, including the location and size of doors and windows;
(iii) foundation, structural, and framing detail; and
(iv) electrical, mechanical, and plumbing design;
(d) documentation of energy code compliance;
(e) structural calculations, except for trusses;
(f) a geotechnical report, including a slope stability evaluation and retaining wall
design, if:
(i) the slope of the lot is greater than 15%; and
(ii) required by the town; and
(g) a statement indicating that actual construction will comply with applicable local
ordinances and building codes.
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) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
[
(a)
] 
(b)
 "Construction project" means the same as that term is defined in Section
38-1a-102
.
[
(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 
a construction project other than a construction
project for a one to two family dwelling or townhome if
 additional modifications or substantive
changes 
are
 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
] 
applicant submits a complete building permit application
 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
] 
applicant submits
a complete building permit application
 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. 
[
(b)
] 
(5) (a)
 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)
] 
(b)
 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)
] 
(5)(a)
 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.
]
(c) A city may only require a single resubmittal of plans for a one or two family
dwelling or townhome if the resubmission is required to address deficiencies identified by a
third-party review of a geotechnical report or geological report.
(6) If a city charges a fee for a building permit, the city may not refuse payment of the
fee at the time the applicant submits a building permit application under Subsection (3).
(7) A city may not limit the number of building permit applications submitted under
Subsection (3).
(8) For purposes of Subsection (3), a building permit application is complete if the
application contains:
(a) the name, address, and contact information of:
(i) the applicant; and
(ii) the construction manager/general contractor, as defined in Section 
63G-6a-103
, for
the construction project;
(b) a site plan for the construction project that:
(i) is drawn to scale;
(ii) includes a north arrow and legend; and
(iii) provides specifications for the following:
(A) lot size and dimensions;
(B) setbacks and overhangs for setbacks;
(C) easements;
(D) property lines;
(E) topographical details, if the slope of the lot is greater than 10%;
(F) retaining walls;
(G) hard surface areas;
(H) curb and gutter elevations as indicated in the subdivision documents;
(I) utilities, including water meter and sewer lateral location;
(J) street names;
(K) driveway locations;
(L) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(M) the location of the nearest hydrant;
(c) construction plans and drawings, including:
(i) elevations, only if the construction project is new construction;
(ii) floor plans for each level, including the location and size of doors and windows;
(iii) foundation, structural, and framing detail; and
(iv) electrical, mechanical, and plumbing design;
(d) documentation of energy code compliance;
(e) structural calculations, except for trusses;
(f) a geotechnical report, including a slope stability evaluation and retaining wall
design, if:
(i) the slope of the lot is greater than 15%; and
(ii) required by the city; and
(g) a statement indicating that actual construction will comply with applicable local
ordinances and building codes.
Section 3. Section 
10-9a-401
 is amended to read:
10-9a-401.
General plan required -- Content.
(1) In order to accomplish the purposes of this chapter, each municipality shall prepare
and adopt a comprehensive, long-range general plan for:
(a) present and future needs of the municipality; and
(b) growth and development of all or any part of the land within the municipality.
(2) The general plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) if the municipality is a town, the protection or promotion of moderate income
housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by each affected entity; and
(j) an official map.
(3) (a) The general plan of a municipality, other than a town, shall plan for moderate
income housing growth.
(b) On or before December 1, 2019, each of the following that have a general plan that
does not comply with Subsection (3)(a) shall amend the general plan to comply with
Subsection (3)(a):
(i) a city of the first, second, third, or fourth class;
(ii) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class; and
(iii) a metro township with a population of 5,000 or more.
(c) The population figures described in Subsections (3)(b)(ii) and (iii) shall be derived
from:
(i) the most recent official census or census estimate of the United States Census
Bureau; or
(ii) if a population figure is not available under Subsection (3)(c)(i), an estimate of the
Utah Population Committee.
(4) Subject to Subsection 
10-9a-403
[
(3)
]
(2)
, the municipality may determine the
comprehensiveness, extent, and format of the general plan.
Section 4. 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 5. Section 
10-9a-404
 is amended to read:
10-9a-404.
Public hearing by planning commission on proposed general plan or
amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
by legislative body.
(1) (a) After completing its recommendation for a proposed general plan, or proposal to
amend the general plan, the planning commission shall schedule and hold a public hearing on
the proposed plan or amendment.
(b) The planning commission shall provide notice of the public hearing, as required by
Section 
10-9a-204
.
(c) After the public hearing, the planning commission may modify the proposed
general plan or amendment.
(2) The planning commission shall forward the proposed general plan or amendment to
the legislative body.
(3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
general plan or amendment that it considers appropriate.
(b) If the municipal legislative body rejects the proposed general plan or amendment, it
may provide suggestions to the planning commission for the planning commission's review and
recommendation.
(4) The legislative body shall adopt:
(a) a land use element as provided in Subsection 
10-9a-403
[
(3)
]
(2)
(a)(i);
(b) a transportation and traffic circulation element as provided in Subsection
10-9a-403
[
(3)
]
(2)
(a)(ii); and
(c) for a municipality, other than a town, after considering the factors included in
Subsection 
10-9a-403
[
(3)
]
(2)
(b)(iii), a plan to provide a realistic opportunity to meet the need
for additional moderate income housing within the next five years.
Section 6. Section 
10-9a-408
 is amended to read:
10-9a-408.
Reporting requirements and civil action regarding moderate income
housing element of general plan.
(1) The legislative body of a municipality described in Subsection 
10-9a-401
(3)(b)
shall annually:
(a) review the moderate income housing plan element of the municipality's general
plan and implementation of that element of the general plan;
(b) prepare a report on the findings of the review described in Subsection (1)(a); and
(c) post the report described in Subsection (1)(b) on the municipality's website.
(2) The report described in Subsection (1) shall include:
(a) a revised estimate of the need for moderate income housing in the municipality for
the next five years;
(b) a description of progress made within the municipality to provide moderate income
housing, demonstrated by analyzing and publishing data on the number of housing units in the
municipality that are at or below:
(i) 80% of the adjusted median family income;
(ii) 50% of the adjusted median family income; and
(iii) 30% of the adjusted median family income;
(c) a description of any efforts made by the municipality to utilize a moderate income
housing set-aside from a community reinvestment agency, redevelopment agency, or
community development and renewal agency; and
(d) a description of how the municipality has implemented any of the recommendations
related to moderate income housing described in Subsection 
10-9a-403
[
(3)
]
(2)
(b)(iii).
(3) The legislative body of each municipality described in Subsection (1) shall send a
copy of the report under Subsection (1) to the Department of Workforce Services, the
association of governments in which the municipality is located, and, if located within the
boundaries of a metropolitan planning organization, the appropriate metropolitan planning
organization.
(4) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
10-9a-404
(4)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 7. Section 
10-9a-534
 is enacted to read:
 10-9a-534.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means:
(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;
(f) location, design, placement, or architectural styling of a garage door, not including a
rear-loading garage door;
(g) number or type of rooms;
(h) interior layout of a room;
(i) minimum square footage over 1,000 square feet, not including a garage;
(j) rear yard landscaping requirements;
(k) minimum building dimensions; or
(l) a requirement to install front yard fencing.
(2) Except as provided in Subsection (3), a municipality may not impose a requirement
for a building design element on a one to two family dwelling.
(3) Subsection (2) does not apply to:
(a) a dwelling located within an area designated as a historic district in:
(i) the National Register of Historic Places;
(ii) the state register as defined in Section 
9-8-402
; or
(iii) a local historic district or area, or a site designated as a local landmark, created by
ordinance before January 1, 2021;
(b) an ordinance enacted as a condition for participation in the National Flood
Insurance Program administered by the Federal Emergency Management Agency;
(c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
;
(d) building design elements agreed to under a development agreement;
(e) a dwelling located within an area that:
(i) is zoned primarily for residential use; and
(ii) was substantially developed before calendar year 1950;
(f) an ordinance enacted to implement water efficient landscaping in a rear yard;
(g) an ordinance enacted to regulate type of cladding, in response to findings or
evidence from the construction industry of:
(i) defects in the material of existing cladding; or
(ii) consistent defects in the installation of existing cladding; or
(h) a land use regulation, including a planned unit development or overlay zone, that a
property owner requests:
(i) the municipality to apply to the owner's property; and
(ii) in exchange for an increase in density or other benefit not otherwise available as a
permitted use in the zoning area or district.
Section 8. Section 
13-43-202
 is amended to read:
13-43-202.
Land Use and Eminent Domain Advisory Board -- Appointment --
Compensation -- Duties.
(1) There is created the Land Use and Eminent Domain Advisory Board, within the
Office of the Property Rights Ombudsman, consisting of the following seven members:
(a) one individual representing special service districts, nominated by the Utah
Association of Special Districts;
(b) one individual representing municipal government, nominated by the Utah League
of Cities and Towns;
(c) one individual representing county government, nominated by the Utah Association
of Counties;
(d) one individual representing the residential construction industry, nominated by the
Utah Home Builders Association;
(e) one individual representing the real estate industry, nominated by the Utah
Association of Realtors;
(f) one individual representing the land development community, jointly nominated by
the Utah Association of Realtors and the 
Utah
 Home Builders Association [
of Utah
]; and
(g) one individual who:
(i) is a citizen with experience in land use issues;
(ii) does not hold public office; and
(iii) is not currently employed, nor has been employed in the previous 12 months, by
any of the entities or industries listed in Subsections (1)(a) through (f).
(2) After receiving nominations, the governor shall appoint members to the board.
(3) The term of office of each member is four years, except that the governor shall
appoint three of the members of the board to an initial two-year term.
(4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
an appointment under Subsections (1) and (2).
(5) (a) Board members shall elect a chair from their number and establish rules for the
organization and operation of the board.
(b) Five members of the board constitute a quorum for the conduct of the board's
business.
(c) The affirmative vote of five members is required to constitute the decision of the
board on any matter.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) A member need not give a bond for the performance of official duties.
(8) The Office of the Property Rights Ombudsman shall provide staff to the board.
(9) The board shall:
(a) receive reports from the Office of the Property Rights Ombudsman that are
requested by the board;
(b) establish rules of conduct and performance for the Office of the Property Rights
Ombudsman;
(c) receive donations or contributions from any source for the Office of the Property
Rights Ombudsman's benefit;
(d) subject to any restriction placed on a donation or contribution received under
Subsection (9)(c), authorize the expenditure of donations or contributions for the Office of the
Property Rights Ombudsman's benefit;
(e) receive budget recommendations from the Office of the Property Rights
Ombudsman; and
(f) revise budget recommendations received under Subsection (9)(e).
(10) The board shall maintain a resource list of qualified arbitrators and mediators who
may be appointed under Section 
13-43-204
 and qualified persons who may be appointed to
render advisory opinions under Section 
13-43-205
.
Section 9. 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.
[
(11)
] 
(13)
 "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)
] 
(14)
 "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.
(15) "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)
] 
(16)
 "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 10. Section 
15A-1-204 (Superseded 07/01/21)
 is amended to read:
15A-1-204 (Superseded 07/01/21).
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.
Section 11. Section 
15A-1-204 (Effective 07/01/21)
 is amended to read:
15A-1-204 (Effective 07/01/21).
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 prepare a report described in Subsection (4) in 2022 and, thereafter, for every
second update of the nationally recognized construction code.
(4) (a) In accordance with Subsection (3), on or before September 1 of the year after
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 the commission's 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.
Section 12. 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 13. 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 the county plan is recommended by the
municipal planning commission and adopted by the governing body of the municipality.
(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 14. Section 
17-27a-530
 is enacted to read:
 17-27a-530.
Regulation of building design elements prohibited -- Exceptions.
(1) As used in this section, "building design element" means:
(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;
(f) location, design, placement, or architectural styling of a garage door, not including a
rear-loading garage door;
(g) number or type of rooms;
(h) interior layout of a room;
(i) minimum square footage over 1,000 square feet, not including a garage;
(j) rear yard landscaping requirements;
(k) minimum building dimensions; or
(l) a requirement to install front yard fencing.
(2) Except as provided in Subsection (3), a county may not impose a requirement for a
building design element on a one to two family dwelling.
(3) Subsection (2) does not apply to:
(a) a dwelling located within an area designated as a historic district in:
(i) the National Register of Historic Places;
(ii) the state register as defined in Section 
9-8-402
; or
(iii) a local historic district or area, or a site designated as a local landmark, created by
ordinance before January 1, 2021;
(b) an ordinance enacted as a condition for participation in the National Flood
Insurance Program administered by the Federal Emergency Management Agency;
(c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
;
(d) building design elements agreed to under a development agreement;
(e) a dwelling located within an area that:
(i) is zoned primarily for residential use; and
(ii) was substantially developed before calendar year 1950;
(f) an ordinance enacted to implement water efficient landscaping in a rear yard;
(g) an ordinance enacted to regulate type of cladding, in response to findings or
evidence from the construction industry of:
(i) defects in the material of existing cladding; or
(ii) consistent defects in the installation of existing cladding; or
(h) a land use regulation, including a planned unit development or overlay zone, that a
property owner requests:
(i) the county to apply to the owner's property; and
(ii) in exchange for an increase in density or other benefit not otherwise available as a
permitted use in the zoning area or district.
Section 15. 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) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
[
(a)
] 
(b)
 "Construction project" means the same as that term is defined in Section
38-1a-102
.
[
(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 
a construction project other than a construction
project for a one to two family dwelling or townhome if
 additional modifications or substantive
changes 
are
 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
] 
applicant submits a complete building permit application
 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
] 
applicant submits
a complete building permit application
 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. 
[
(b)
] 
(5) (a)
 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)
] 
(b)
 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)
] 
(5)(a)
 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.
]
(c) A county may require a single resubmittal of plans for a one or two family dwelling
or townhome if the resubmission is required to address deficiencies identified by a third-party
review of a geotechnical report or geological report.
(6) If a county charges a fee for a building permit, the county may not refuse payment
of the fee at the time the applicant submits a building permit application under Subsection (3).
(7) A county may not limit the number of building permit applications submitted under
Subsection (3).
(8) For purposes of Subsection (3), a building permit application is complete if the
application contains:
(a) the name, address, and contact information of:
(i) the applicant; and
(ii) the construction manager/general contractor, as defined in Section 
63G-6a-103
, for
the construction project;
(b) a site plan for the construction project that:
(i) is drawn to scale;
(ii) includes a north arrow and legend; and
(iii) provides specifications for the following:
(A) lot size and dimensions;
(B) setbacks and overhangs for setbacks;
(C) easements;
(D) property lines;
(E) topographical details, if the slope of the lot is greater than 10%;
(F) retaining walls;
(G) hard surface areas;
(H) curb and gutter elevations as indicated in the subdivision documents;
(I) utilities, including water meter and sewer lateral location;
(J) street names;
(K) driveway locations;
(L) defensible space provisions and elevations, if required by the Utah Wildland Urban
Interface Code adopted under Section 
15A-2-103
; and
(M) the location of the nearest hydrant;
(c) construction plans and drawings, including:
(i) elevations, only if the construction project is new construction;
(ii) floor plans for each level, including the location and size of doors and windows;
(iii) foundation, structural, and framing detail; and
(iv) electrical, mechanical, and plumbing design;
(d) documentation of energy code compliance;
(e) structural calculations, except for trusses;
(f) a geotechnical report, including a slope stability evaluation and retaining wall
design, if:
(i) the slope of the lot is greater than 15%; and
(ii) required by the county; and
(g) a statement indicating that actual construction will comply with applicable local
ordinances and building codes.
Section 16. Section 
19-5-125
 is amended to read:
19-5-125.
Yurt exemption.
(1) As used in this section:
(a) "Backcountry waste containment and disposal system" means a pickle pail, rocket
box, tube toilet, John-E partner, or similar container used to collect and carry out waste,
including fecal matter.
(b) "Remote yurt" means the same as that term is defined in Subsection
[
15A-1-204
(12)
] 
15A-1-202
.
(2) Unless otherwise provided by ordinance in accordance with Subsection
15A-1-204
(12)[
(c)
]
(b)
, a remote yurt is exempt from this chapter, rules made under this
chapter, and local health department's jurisdiction over onsite wastewater disposal, except that
the owner of a remote yurt shall ensure that an individual using the remote yurt uses a
backcountry waste containment and disposal system and the local health department may
enforce the provisions of this section.
Section 17. Section 
58-55-102
 is amended to read:
58-55-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) (a) "Alarm business or company" means a person engaged in the sale, installation,
maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
except as provided in Subsection (1)(b).
(b) "Alarm business or company" does not include:
(i) a person engaged in the manufacture or sale of alarm systems unless:
(A) that person is also engaged in the installation, maintenance, alteration, repair,
replacement, servicing, or monitoring of alarm systems;
(B) the manufacture or sale occurs at a location other than a place of business
established by the person engaged in the manufacture or sale; or
(C) the manufacture or sale involves site visits at the place or intended place of
installation of an alarm system; or
(ii) an owner of an alarm system, or an employee of the owner of an alarm system who
is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
of the alarm system owned by that owner.
(2) "Alarm company agent":
(a) except as provided in Subsection (2)(b), means any individual employed within this
state by an alarm business; and
(b) does not include an individual who:
(i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
servicing, or monitoring of an alarm system; and
(ii) does not, during the normal course of the individual's employment with an alarm
business, use or have access to sensitive alarm system information.
(3) "Alarm system" means equipment and devices assembled for the purpose of:
(a) detecting and signaling unauthorized intrusion or entry into or onto certain
premises; or
(b) signaling a robbery or attempted robbery on protected premises.
(4) "Apprentice electrician" means a person licensed under this chapter as an
apprentice electrician who is learning the electrical trade under the immediate supervision of a
master electrician, residential master electrician, a journeyman electrician, or a residential
journeyman electrician.
(5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
plumber who is learning the plumbing trade under the immediate supervision of a master
plumber, residential master plumber, journeyman plumber, or a residential journeyman
plumber.
(6) "Approved continuing education" means instruction provided through courses
under a program established under Subsection 
58-55-302.5
(2).
(7) (a) "Approved prelicensure course provider" means a provider that is the
Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and
Contractors, or the 
Utah
 Home Builders Association, and that meets the requirements
established by rule by the commission with the concurrence of the director, to teach the
25-hour course described in Subsection 
58-55-302
(1)(e)(iii).
(b) "Approved prelicensure course provider" may only include a provider that, in
addition to any other locations, offers the 25-hour course described in Subsection
58-55-302
(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
County, Utah County, Davis County, or Weber County.
(8) "Board" means the Electrician Licensing Board, Alarm System Security and
Licensing Board, or Plumbers Licensing Board created in Section 
58-55-201
.
(9) "Combustion system" means an assembly consisting of:
(a) piping and components with a means for conveying, either continuously or
intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
appliance;
(b) the electric control and combustion air supply and venting systems, including air
ducts; and
(c) components intended to achieve control of quantity, flow, and pressure.
(10) "Commission" means the Construction Services Commission created under
Section 
58-55-103
.
(11) "Construction trade" means any trade or occupation involving:
(a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
or other project, development, or improvement to other than personal property; and
(ii) constructing, remodeling, or repairing a manufactured home or mobile home as
defined in Section 
15A-1-302
; or
(b) installation or repair of a residential or commercial natural gas appliance or
combustion system.
(12) "Construction trades instructor" means a person licensed under this chapter to
teach one or more construction trades in both a classroom and project environment, where a
project is intended for sale to or use by the public and is completed under the direction of the
instructor, who has no economic interest in the project.
(13) (a) "Contractor" means any person who for compensation other than wages as an
employee undertakes any work in the construction, plumbing, or electrical trade for which
licensure is required under this chapter and includes:
(i) a person who builds any structure on the person's own property for the purpose of
sale or who builds any structure intended for public use on the person's own property;
(ii) any person who represents that the person is a contractor, or will perform a service
described in this Subsection (13), by advertising on a website or social media, or any other
means;
(iii) any person engaged as a maintenance person, other than an employee, who
regularly engages in activities set forth under the definition of "construction trade";
(iv) any person engaged in, or offering to engage in, any construction trade for which
licensure is required under this chapter; or
(v) a construction manager, construction consultant, construction assistant, or any other
person who, for a fee:
(A) performs or offers to perform construction consulting;
(B) performs or offers to perform management of construction subcontractors;
(C) provides or offers to provide a list of subcontractors or suppliers; or
(D) provides or offers to provide management or counseling services on a construction
project.
(b) "Contractor" does not include:
(i) an alarm company or alarm company agent; or
(ii) a material supplier who provides consulting to customers regarding the design and
installation of the material supplier's products.
(14) (a) "Electrical trade" means the performance of any electrical work involved in the
installation, construction, alteration, change, repair, removal, or maintenance of facilities,
buildings, or appendages or appurtenances.
(b) "Electrical trade" does not include:
(i) transporting or handling electrical materials;
(ii) preparing clearance for raceways for wiring;
(iii) work commonly done by unskilled labor on any installations under the exclusive
control of electrical utilities;
(iv) work involving cable-type wiring that does not pose a shock or fire-initiation
hazard; or
(v) work involving class two or class three power-limited circuits as defined in the
National Electrical Code.
(15) "Elevator" means the same as that term is defined in Section 
34A-7-202
, except
that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
incline platform lift.
(16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
this chapter that is engaged in the business of erecting, constructing, installing, altering,
servicing, repairing, or maintaining an elevator.
(17) "Elevator mechanic" means an individual who is licensed under this chapter as an
elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
(18) "Employee" means an individual as defined by the division by rule giving
consideration to the definition adopted by the Internal Revenue Service and the Department of
Workforce Services.
(19) "Engage in a construction trade" means to:
(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
in a construction trade; or
(b) use the name "contractor" or "builder" or in any other way lead a reasonable person
to believe one is or will act as a contractor.
(20) (a) "Financial responsibility" means a demonstration of a current and expected
future condition of financial solvency evidencing a reasonable expectation to the division and
the board that an applicant or licensee can successfully engage in business as a contractor
without jeopardy to the public health, safety, and welfare.
(b) Financial responsibility may be determined by an evaluation of the total history
concerning the licensee or applicant including past, present, and expected condition and record
of financial solvency and business conduct.
(21) "Gas appliance" means any device that uses natural gas to produce light, heat,
power, steam, hot water, refrigeration, or air conditioning.
(22) (a) "General building contractor" means a person licensed under this chapter as a
general building contractor qualified by education, training, experience, and knowledge to
perform or superintend construction of structures for the support, shelter, and enclosure of
persons, animals, chattels, or movable property of any kind or any of the components of that
construction except plumbing, electrical work, mechanical work, work related to the operating
integrity of an elevator, and manufactured housing installation, for which the general building
contractor shall employ the services of a contractor licensed in the particular specialty, except
that a general building contractor engaged in the construction of single-family and multifamily
residences up to four units may perform the mechanical work and hire a licensed plumber or
electrician as an employee.
(b) The division may by rule exclude general building contractors from engaging in the
performance of other construction specialties in which there is represented a substantial risk to
the public health, safety, and welfare, and for which a license is required unless that general
building contractor holds a valid license in that specialty classification.
(23) (a) "General electrical contractor" means a person licensed under this chapter as a
general electrical contractor qualified by education, training, experience, and knowledge to
perform the fabrication, construction, and installation of generators, transformers, conduits,
raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
electrical energy.
(b) The scope of work of a general electrical contractor may be further defined by rules
made by the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(24) (a) "General engineering contractor" means a person licensed under this chapter as
a general engineering contractor qualified by education, training, experience, and knowledge to
perform construction of fixed works in any of the following: irrigation, drainage, water, power,
water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
specialized engineering knowledge and skill, piers, and foundations, or any of the components
of those works.
(b) A general engineering contractor may not perform construction of structures built
primarily for the support, shelter, and enclosure of persons, animals, and chattels.
(25) (a) "General plumbing contractor" means a person licensed under this chapter as a
general plumbing contractor qualified by education, training, experience, and knowledge to
perform the fabrication or installation of material and fixtures to create and maintain sanitary
conditions in a building by providing permanent means for a supply of safe and pure water, a
means for the timely and complete removal from the premises of all used or contaminated
water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
industrial purposes.
(b) The scope of work of a general plumbing contractor may be further defined by rules
made by the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(26) "Immediate supervision" means reasonable direction, oversight, inspection, and
evaluation of the work of a person:
(a) as the division specifies in rule;
(b) by, as applicable, a qualified electrician or plumber;
(c) as part of a planned program of training; and
(d) to ensure that the end result complies with applicable standards.
(27) "Individual" means a natural person.
(28) "Journeyman electrician" means a person licensed under this chapter as a
journeyman electrician having the qualifications, training, experience, and knowledge to wire,
install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
(29) "Journeyman plumber" means a person licensed under this chapter as a
journeyman plumber having the qualifications, training, experience, and technical knowledge
to engage in the plumbing trade.
(30) "Master electrician" means a person licensed under this chapter as a master
electrician having the qualifications, training, experience, and knowledge to properly plan,
layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
for light, heat, power, and other purposes.
(31) "Master plumber" means a person licensed under this chapter as a master plumber
having the qualifications, training, experience, and knowledge to properly plan and layout
projects and supervise persons in the plumbing trade.
(32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
limited liability company, association, or organization of any type.
(33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
(i) delivery of the water supply;
(ii) discharge of liquid and water carried waste;
(iii) building drainage system within the walls of the building; and
(iv) delivery of gases for lighting, heating, and industrial purposes.
(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
safe and adequate supply of gases, together with their devices, appurtenances, and connections
where installed within the outside walls of the building.
(34) "Ratio of apprentices" means the number of licensed plumber apprentices or
licensed electrician apprentices that are allowed to be under the immediate supervision of a
licensed supervisor as established by the provisions of this chapter and by rules made by the
commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(35) "Residential and small commercial contractor" means a person licensed under this
chapter as a residential and small commercial contractor qualified by education, training,
experience, and knowledge to perform or superintend the construction of single-family
residences, multifamily residences up to four units, and commercial construction of not more
than three stories above ground and not more than 20,000 square feet, or any of the components
of that construction except plumbing, electrical work, mechanical work, and manufactured
housing installation, for which the residential and small commercial contractor shall employ
the services of a contractor licensed in the particular specialty, except that a residential and
small commercial contractor engaged in the construction of single-family and multifamily
residences up to four units may perform the mechanical work and hire a licensed plumber or
electrician as an employee.
(36) "Residential building," as it relates to the license classification of residential
journeyman plumber and residential master plumber, means a single or multiple family
dwelling of up to four units.
(37) (a) "Residential electrical contractor" means a person licensed under this chapter
as a residential electrical contractor qualified by education, training, experience, and
knowledge to perform the fabrication, construction, and installation of services, disconnecting
means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
appliances, and fixtures in a residential unit.
(b) The scope of work of a residential electrical contractor may be further defined by
rules made by the commission, with the concurrence of the director, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(38) "Residential journeyman electrician" means a person licensed under this chapter
as a residential journeyman electrician having the qualifications, training, experience, and
knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
and other purposes on buildings using primarily nonmetallic sheath cable.
(39) "Residential journeyman plumber" means a person licensed under this chapter as a
residential journeyman plumber having the qualifications, training, experience, and knowledge
to engage in the plumbing trade as limited to the plumbing of residential buildings.
(40) "Residential master electrician" means a person licensed under this chapter as a
residential master electrician having the qualifications, training, experience, and knowledge to
properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
and equipment for light, heat, power, and other purposes on residential projects.
(41) "Residential master plumber" means a person licensed under this chapter as a
residential master plumber having the qualifications, training, experience, and knowledge to
properly plan and layout projects and supervise persons in the plumbing trade as limited to the
plumbing of residential buildings.
(42) (a) "Residential plumbing contractor" means a person licensed under this chapter
as a residential plumbing contractor qualified by education, training, experience, and
knowledge to perform the fabrication or installation of material and fixtures to create and
maintain sanitary conditions in residential buildings by providing permanent means for a
supply of safe and pure water, a means for the timely and complete removal from the premises
of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
incidental to life and the occupation of such premises, and a safe and adequate supply of gases
for lighting, heating, and industrial purposes.
(b) The scope of work of a residential plumbing contractor may be further defined by
rules made by the commission, with the concurrence of the director, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(43) "Residential project," as it relates to an electrician or electrical contractor, means
buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
and regulations governing this work, including the National Electrical Code, and in which the
voltage does not exceed 250 volts line to line and 125 volts to ground.
(44) "Sensitive alarm system information" means:
(a) a pass code or other code used in the operation of an alarm system;
(b) information on the location of alarm system components at the premises of a
customer of the alarm business providing the alarm system;
(c) information that would allow the circumvention, bypass, deactivation, or other
compromise of an alarm system of a customer of the alarm business providing the alarm
system; and
(d) any other similar information that the division by rule determines to be information
that an individual employed by an alarm business should use or have access to only if the
individual is licensed as provided in this chapter.
(45) (a) "Specialty contractor" means a person licensed under this chapter under a
specialty contractor classification established by rule, who is qualified by education, training,
experience, and knowledge to perform those construction trades and crafts requiring
specialized skill, the regulation of which are determined by the division to be in the best
interest of the public health, safety, and welfare.
(b) A specialty contractor may perform work in crafts or trades other than those in
which the specialty contractor is licensed if they are incidental to the performance of the
specialty contractor's licensed craft or trade.
(46) "Unincorporated entity" means an entity that is not:
(a) an individual;
(b) a corporation; or
(c) publicly traded.
(47) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-55-501
.
(48) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-55-502
 and as may be further defined by rule.
(49) "Wages" means amounts due to an employee for labor or services whether the
amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
the amount.
Section 18. Section 
58-55-302.5
 is amended to read:
58-55-302.5.
Continuing education requirements for contractor licensees --
Continuing education courses.
(1) (a) Each contractor licensee under a license issued under this chapter shall complete
six hours of approved continuing education during each two-year renewal cycle established by
rule under Subsection 
58-55-303
(1).
(b) Each contractor licensee who has a renewal cycle that ends on or after January 1,
2020, shall complete one hour of approved continuing education on energy conservation as part
of the six required hours.
(2) (a) The commission shall, with the concurrence of the division, establish by rule a
program of approved continuing education for contractor licensees.
(b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only
courses offered by any of the following may be included in the program of approved continuing
education for contractor licensees:
(i) the Associated General Contractors of Utah;
(ii) Associated Builders and Contractors, Utah Chapter;
(iii) the 
Utah
 Home Builders Association [
of Utah
];
(iv) the National Electrical Contractors Association Intermountain Chapter;
(v) the Utah Plumbing & Heating Contractors Association;
(vi) the Independent Electrical Contractors of Utah;
(vii) the Rocky Mountain Gas Association;
(viii) the Utah Mechanical Contractors Association;
(ix) the Sheet Metal Contractors Association;
(x) the Intermountain Electrical Association;
(xi) the Builders Bid Service of Utah; or
(xii) Utah Roofing Contractors Association.
(c) An approved continuing education program for a contractor licensee may include a
course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
(d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
courses to a licensee who is a member of the entity.
(ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a
continuing education course that the entity offers to satisfy the continuing education
requirement described in Subsection 
58-55-302.7
(2)(a) to a contractor in the electrical trade.
(iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
continuing education course that the entity offers to satisfy the continuing education
requirement described in Subsection 
58-55-302.7
(2)(b) to a contractor in the plumbing trade.
(e) On or after June 1, 2015, an approved continuing education program for a
contractor licensee may include a course offered and taught by:
(i) a state executive branch agency;
(ii) the workers' compensation insurance carrier that provides workers' compensation
insurance under Section 
31A-22-1001
; or
(iii) a nationally or regionally accredited college or university that has a physical
campus in the state.
(f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
contractor classification of HVAC contractor, at least three of the six hours described in
Subsection (1) shall include continuing education directly related to the installation, repair, or
replacement of a heating, ventilation, or air conditioning system.
(3) The division may contract with a person to establish and maintain a continuing
education registry to include:
(a) a list of courses that the division has approved for inclusion in the program of
approved continuing education; and
(b) a list of courses that:
(i) a contractor licensee has completed under the program of approved continuing
education; and
(ii) the licensee may access to monitor the licensee's compliance with the continuing
education requirement established under Subsection (1).
(4) The division may charge a fee, as established by the division under Section
63J-1-504
, to administer the requirements of this section.
Section 19. Section 
63N-3-603
 is amended to read:
63N-3-603.
Applicability, requirements, and limitations on a housing and transit
reinvestment zone.
(1) A housing and transit reinvestment zone proposal created under this part shall
promote the following objectives:
(a) higher utilization of public transit;
(b) increasing availability of housing, including affordable housing;
(c) conservation of water resources through efficient land use;
(d) improving air quality by reducing fuel consumption and motor vehicle trips;
(e) encouraging transformative mixed-use development and investment in
transportation and public transit infrastructure in strategic areas;
(f) strategic land use and municipal planning in major transit investment corridors as
described in [
Subsections 
10-9a-403
(3) and (4)
] 
Subsection 
10-9a-403
(2)
; and
(g) increasing access to employment and educational opportunities.
(2) In order to accomplish the objectives described in Subsection (1), a municipality or
public transit county that initiates the process to create a housing and transit reinvestment zone
as described in this part shall ensure that the proposal for a housing and transit reinvestment
zone includes:
(a) except as provided in Subsection (3), at least 10% of the proposed housing units
within the housing and transit reinvestment zone are affordable housing units;
(b) a dedication of at least 51% of the developable area within the housing and transit
reinvestment zone to residential development with an average of 50 multi-family dwelling
units per acre or greater; and
(c) mixed-use development.
(3) A municipality or public transit county that, at the time the housing and transit
reinvestment zone proposal is approved by the housing and transit reinvestment zone
committee, meets the affordable housing guidelines of the United States Department of
Housing and Urban Development at 60% area median income is exempt from the requirement
described in Subsection (2)(a).
(4) A municipality or public transit county may only propose a housing and transit
reinvestment zone that:
(a) subject to Subsection (5):
(i) (A) for a municipality, does not exceed a 1/3 mile radius of a commuter rail station;
or
(B) for a public transit county, does not exceed a 1/3 mile radius of a public transit
hub; and
(ii) has a total area of no more than 125 noncontiguous square acres;
(b) subject to Section 
63N-3-607
, proposes the capture of a maximum of 80% of each
taxing entity's tax increment above the base year for a term of no more than 25 consecutive
years on each parcel within a 45-year period not to exceed the tax increment amount approved
in the housing and transit reinvestment zone proposal; and
(c) the commencement of collection of tax increment, for all or a portion of the
housing and transit reinvestment zone, will be triggered by providing notice as described in
Subsection (6).
(5) If a parcel is bisected by the 1/3 mile radius, the full parcel may be included as part
of the housing and transit reinvestment zone area and will not count against the limitations
described in Subsection (4)(a).
(6) The notice of commencement of collection of tax increment required in Subsection
(4)(c) shall be sent by mail or electronically to:
(a) the tax commission;
(b) the State Board of Education;
(c) the state auditor;
(d) the auditor of the county in which the housing and transit reinvestment zone is
located;
(e) each taxing entity affected by the collection of tax increment from the housing and
transit reinvestment zone; and
(f) the Governor's Office of Economic Development.
Section 20. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect upon approval by the governor, or the day following
the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
(2) Section 
15A-1-204
 (Effective 07/01/21) takes effect on July 1, 2021.