Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 58 (2025GS)

Sponsor

Rep. Peterson, Thomas W.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• directs the Uniform Building Code Commission to:
• collect data pertaining to building inspectors;
• publish gathered data on an annual basis; and
• report the data annually to the Legislature;
• expands the scope for the Division of Professional Licensing to spend money from surcharges;
• adds unlawful and unprofessional conduct provisions for licensed building inspectors acting as qualified building officials;
• requires a local regulator to hire or contract with a qualified building official; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

29
15A-1-105
15A-1-202
15A-1-203
15A-1-209
15A-1-302
58-56-9
58-56-9.1
58-56-9.3
0
Building Inspector Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill modifies provisions relating to building inspectors. 
Highlighted Provisions:
This bill:
defines terms;
directs the Uniform Building Code Commission to: 
collect data pertaining to building inspectors;
publish gathered data on an annual basis; and
report the data annually to the Legislature;
expands the scope for the Division of Professional Licensing to spend money from 
surcharges; 
adds unlawful and unprofessional conduct provisions for licensed building inspectors 
acting as qualified building officials;
requires a local regulator to hire or contract with a qualified building official; 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:
15A-1-105
, as enacted by Laws of Utah 2024, Chapter 375
15A-1-202
, as last amended by Laws of Utah 2024, Chapters 375, 431
15A-1-203
, as last amended by Laws of Utah 2021, Chapters 199, 344
15A-1-209
, as last amended by Laws of Utah 2024, Chapter 72
15A-1-302
, as last amended by Laws of Utah 2024, Chapter 431
58-56-9
, as last amended by Laws of Utah 2024, Chapter 375
58-56-9.1
, as enacted by Laws of Utah 2007, Chapter 145
58-56-9.3
, as last amended by Laws of Utah 2018, Chapter 229
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
15A-1-105
 is amended to read:
15A-1-105
. Third-party inspection firms.
(1)
As used in this section:
(a)
"Building permit applicant" means 
a person
an individual
 who applies to a local 
regulator for a building permit.
(b)
"Inspection" means a physical examination of all aspects of a structure to ensure 
compliance with the State Construction Code.
(c)
"Local regulator" means the same as that terms is defined in Section 
15A-1-102
15A-1-202
.
(d)
"Third-party inspection firm" means an entity that
 is
:
(i)
licensed under Title 58, Chapter 56, Building Inspector and Factory Built 
Housing Licensing;
(ii)
(i)
employs or contracts with licensed building inspectors to enforce building 
codes adopted in this title;
(ii)
is 
independent, but may include a building inspector for an adjacent city or 
county; and
(iii)
is 
included on the local regulator's third-party inspection firm list.
(e)
"Third-party inspection firm list" means a list of:
(i)
for a first, second, third, or fourth class county, or a municipality located within a 
first, second, third, or fourth class county, three or more third-party inspection 
firms approved by the local regulator; or
(ii)
for a fifth or sixth class county, or a municipality located within a fifth or sixth 
class county, one or more third-party inspection firms approved by the local 
regulator.
(2)
(a)
Subject to the provisions of this section and Subsections 
10-6-160
(2) and 
17-36-55
(2), after submitting a request for inspection, a building permit applicant may engage 
a third-party inspection firm from the local regulator's third-party inspection firm list 
to conduct or complete an inspection for the scope of work identified under the 
original request for inspection.
(b)
If a building permit applicant wishes to engage a third-party inspection firm in 
accordance with Subsection (2)(a), the building permit applicant shall first notify the 
local regulator of the third-party inspection firm the building permit applicant intends 
to engage.
(c)
Upon completing the inspection, the third-party inspection firm shall submit the 
inspection report to the local regulator.
(d)
(i)
The local regulator shall pay the cost of the inspection to the third-party 
inspection firm after the local regulator receives the third-party inspection report 
indicating the third-party inspection firm completed the inspection.
(ii)
This section does not require a local regulator to pay for an inspection that 
exceeds the scope of work identified under the original request for inspection.
(3)
(a)
The local regulator shall issue a certificate of occupancy to the building permit 
applicant if the third-party inspection firm:
(i)
completes the inspection; and
(ii)
submits the inspection report to the local regulator.
(b)
The local regulator shall promptly issue the certificate of occupancy or letter of 
completion after the third-party inspection firm submits the final inspection report to 
the local regulator as described in Subsection (3)(a)(ii).
(4)
A local regulator is not liable for any inspection performed by a third-party inspection 
firm.
Section 2, 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)
"Building permit applicant" means the same as that term is defined in Section 
15A-1-105
.
(5)
"Code" means:
(a)
the State Construction Code; or
(b)
an approved code.
(6)
"Commission" means the Uniform Building Code Commission created in Section 
15A-1-203
.
(7)
"Compliance agency" means:
(a)
an agency of the state or any of its political subdivisions 
which
that
 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;
(c)
a third-party inspection firm as defined in Section 
15A-1-105
; or
(d)
any other state agency 
which
that
 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.
(8)
"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; 
(i)
a manufactured housing installation standard code; and
(j)
Modular Building Institute Standards 1200 and 1205, issued by the International 
Code Council, except as specifically modified by provisions of this title governing 
modular units.
(9)
"Construction project" means the same as that term is defined in Section 
38-1a-102
.
(10)
"Executive director" means the executive director of the Department of Commerce.
(11)
"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.
(12)
(a)
"Local regulator" means a political subdivision of the state that 
employs or 
contracts a qualified building official and 
is empowered to engage in the regulation of 
construction, alteration, remodeling, building, repair, installation, inspection, or other 
activities subject to the codes.
(b)
"Local regulator" 
may include
includes
 the local regulator's designee.
(13)
"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.
(14)
"Not for human occupancy" means use of a structure for purposes other than protection 
or comfort of human beings, but allows people to enter the structure for:
(a)
maintenance or repair; or
(b)
the care of livestock, crops, or equipment intended for agricultural use which are 
kept there.
(15)
"Opinion" means a written, nonbinding, and advisory statement issued by the 
commission concerning an interpretation of the meaning of the codes or the application 
of the codes in a specific circumstance issued in response to a specific request by a party 
to the issue.
(16)
"Qualified building official" means an individual who:
(a)
has at least six years of experience as an architect, engineer, inspector, plan 
examiner, contractor or superintendent of construction, or any combination of these;
(b)
is actively licensed as a combination inspector in accordance with Section 
58-56-9
; 
and
(c)
has completed 40 hours of management training as the division establishes by rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
or is a certified building official.
(16)
(17)
"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.
(17)
(18)
"State regulator" means an agency of the state 
which
that
 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 3, Section 
15A-1-203
 is amended to read:
15A-1-203
. Uniform Building Code Commission -- Unified Code Analysis 
Council.
(1)
There is created a Uniform Building Code Commission to advise the division with 
respect to the division's responsibilities in administering the codes.
(2)
The commission shall consist of 13 members as follows:
(a)
one member shall be a heating, ventilation, and air conditioning contractor licensed 
by the state;
(b)
one member shall be a licensed building inspector nominated by the Utah League of 
Cities and Towns;
(c)
one member shall be a licensed professional engineer;
(d)
one member shall be a licensed architect;
(e)
one member shall be:
(i)
a licensed architect who specializes in residential architecture; or
(ii)
a residential home designer;
(f)
one member shall be a member of an association of building owners;
(g)
one member shall be a fire official;
(h)
four members shall be contractors licensed by the state, of which:
(i)
two shall be general contractors, one of which shall specialize in residential 
construction;
(ii)
one shall be an electrical contractor; and
(iii)
one shall be a plumbing contractor;
(i)
one member shall be from the general public and have no affiliation with the 
construction industry or real estate development industry; and
(j)
one member shall be from the Division of Facilities Construction and Management of 
the Department of Government Operations.
(3)
(a)
The executive director shall appoint each commission member after submitting a 
nomination to the governor for confirmation or rejection.
(b)
(i)
If the governor rejects a nominee, the executive director shall submit an 
alternative nominee until the governor confirms the nomination.
(ii)
An appointment is effective after the governor confirms the nomination.
(4)
(a)
Except as required by Subsection 
(4)(b)
, as terms of commission members expire, 
the executive director shall appoint each new commission member or reappointed 
commission member 
to
for
 a four-year term.
(b)
Notwithstanding the requirements of Subsection 
(4)(a)
, the
The
 executive director 
shall
 adjust
, at the time of appointment or reappointment, 
adjust 
the length of terms 
to ensure that the terms of commission members are staggered so that approximately 
half of the commission is appointed every two years.
(5)
When a vacancy occurs in the commission membership for any reason, the executive 
director shall appoint a replacement for the unexpired term.
(6)
(a)
A commission member may not serve more than two full terms.
(b)
A commission member who ceases to serve may not again serve on the commission 
until after the expiration of two years after the day on which service ceased.
(7)
A majority of the commission members constitute a quorum and may act on behalf of 
the commission.
(8)
A commission member may not receive compensation or benefits for the commission 
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
.
(9)
(a)
The commission shall 
annually designate
designate annually
 one of the 
commission's members to serve as chair of the commission.
(b)
The division shall provide a secretary to facilitate the function of the commission and 
to record the commission's actions and recommendations.
(10)
The commission shall:
(a)
in accordance with Section 
15A-1-204
, report to the Business and Labor Interim 
Committee;
(b)
act as an appeals board as provided in Section 
15A-1-207
;
(c)
establish advisory peer committees on either a standing or ad hoc basis to advise the 
commission with respect to matters related to a code, including a committee to advise 
the commission regarding health matters related to a plumbing code;
 and
(d)
assist the division in overseeing code-related training in accordance with Section 
15A-1-209
.
;
(e)
collect, with the assistance of the division, data related to the building inspection 
process, including building code interpretation and enforcement, throughout the state 
through the following methods:
(i)
surveying and interviewing stakeholders;
(ii)
visiting building sites and building departments; and
(iii)
any other reasonable data collection method;
(f)
use the data outlined in Subsection (10)(e) to:
(i)
issue guidance to the division for providing education using surcharges described 
in Subsection 
15A-1-209(5)
;
(ii)
issue opinions regarding the proper interpretation of commonly disputed code 
items;
(iii)
send letters of concern to local regulators, building officials, third-party firms, 
and contractors who are found to be incorrectly interpreting, enforcing, or 
complying with code; and
(iv)
issue a publicly available report annually, before October 1, on the performance 
of local regulators within the state on the following:
(A)
interpreting and enforcing of the building code consistent with this chapter;
(B)
interpreting code for all building permit applicants and all inspectors 
consistently and equitably;
(C)
following consistent and equitable building inspection processes for all permit 
holders and across all inspectors;
(D)
meeting inspection timelines as described in Subsection 
10-6-160(2)
;
(E)
responding to building permit applicants in a timely manner;
(F)
maintaining adequate training, oversight, and use of employed and contracted 
qualified building inspectors; and
(G)
employing or contracting with a qualified building inspector;
(g)
annually make a summary of data collected in accordance with Subsection 
(10)
(f) 
publicly available through the Division of Professional Licensing; and
(h)
annually present the report described in Subsection (10)(f)(iv) and the summary 
required in Subsection 
(10)(g)
, to the Business and Labor Interim Committee before 
October 1.
(11)
(a)
In a manner consistent with Subsection 
(10)(c)
, the commission shall 
jointly 
create
create jointly
 with the Utah Fire Prevention Board an advisory peer committee 
known as the 
"
Unified Code Analysis Council
"
 to review fire prevention and 
construction code issues that require definitive and specific analysis.
(b)
The commission and Utah Fire Prevention Board shall 
provide 
jointly, by rule made 
in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
provide
 for:
(i)
the appointment of members to the Unified Code Analysis Council; and
(ii)
procedures followed by the Unified Code Analysis Council.
Section 4, Section 
15A-1-209
 is amended to read:
15A-1-209
. Building permit requirements -- Geologic, fault hazard, or 
geotechnical report.
(1)
As used in this section, "project" means a "construction project" as defined in Section 
38-1a-102
.
(2)
(a)
The division shall develop a standardized building permit numbering system for 
use by any compliance agency in the state that issues a permit for construction.
(b)
The standardized building permit numbering system described under Subsection 
(2)(a) shall include a combination of alpha or numeric characters arranged in a format 
acceptable to the compliance agency.
(c)
A compliance agency issuing a permit for construction shall use the standardized 
building permit numbering system described under Subsection (2)(a).
(d)
A compliance agency may not use a numbering system other than the system 
described under Subsection (2)(a) to define a building permit number.
(3)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the division shall adopt a standardized building permit form by rule.
(b)
The standardized building permit form created under this Subsection (3) shall 
include fields for indicating the following information:
(i)
the name and address of the owner of each parcel of property on which the project 
will occur;
(ii)
the name and address of the contractor for the project;
(iii)
(A)
the address of the project; or
(B)
a general description of the project;
(iv)
the county in which the property on which the project will occur is located;
(v)
the tax parcel identification number of each parcel of the property; and
(vi)
whether 
the permit 
applicant is
applicant's role as
 an original contractor or 
owner-builder.
(c)
The standardized building permit form created under this Subsection (3) may include 
any other information the division considers useful.
(d)
A compliance agency shall issue a permit for construction only on a standardized 
building permit form approved by the division.
(e)
A permit for construction issued by a compliance agency under Subsection (3)(d) 
shall print the standardized building permit number assigned under Subsection (2) in 
the upper right-hand corner of the building permit form in at least 12-point font.
(f)
(i)
Except as provided in Subsection (3)(f)(ii), a compliance agency may not issue 
a permit for construction if the information required by Subsection (3)(b) is not 
completed on the building permit form.
(ii)
If a compliance agency does not issue a separate permit for different aspects of 
the same project, the compliance agency may issue a permit for construction 
without the information required by Subsection (3)(b)(vi).
(g)
A compliance agency may require additional information for the issuance of a permit 
for construction.
(4)
A local regulator issuing a single-family residential building permit application shall 
include in the application or attach to the building permit the following notice 
prominently placed in at least 14-point font: "Decisions relative to this application are 
subject to review by the chief executive officer of the municipal or county entity issuing 
the single-family residential building permit and appeal under the International 
Residential Code as adopted by the Legislature."
(5)
(a)
A compliance agency shall:
(i)
charge a 1% surcharge on a building permit the compliance agency issues; and
(ii)
transmit 85% of the amount collected to the division 
to be used by the division
for use
 in accordance with Subsection (5)(c).
(b)
The 
division shall deposit the 
portion of the surcharge transmitted to the division 
shall be deposited 
as a dedicated credit.
(c)
(i)
The division shall use 
30%
40%
 of the money received under Subsection 
(5)(a)(ii) to
:
(A)
provide education to building inspectors
, and individuals working to become 
building inspectors,
 regarding the codes and code amendments under Section 
15A-1-204
 that are adopted, approved, or being considered for adoption or 
approval
.
; and
(B)
collect data as outlined in Subsection 
15A-1-203(10)(e)
.
(ii)
The division shall use 10% of the money received under Subsection (5)(a)(ii) to 
provide education to individuals licensed in construction trades or related 
professions through a construction trade association or a related professional 
association.
(iii)
The division shall transmit 
60%
50%
 of the money received under Subsection 
(5)(a)(ii) to the Office of the Property Rights Ombudsman created in Title 13, 
Chapter 43, Property Rights Ombudsman Act, to provide education and training 
regarding:
(A)
the drafting and application of land use laws and regulations; and
(B)
land use dispute resolution.
(6)
(a)
(i)
A compliance agency that receives a geologic report, fault hazard report, or 
geotechnical report as part of a building permitting process or another 
infrastructure permitting process shall submit the final report to the Utah 
Geological Survey within 90 days after the day
 on which
 the compliance agency 
receives the report.
(ii)
(A)
When submitting a report, the compliance agency shall indicate what 
portion of the report is confidential. 
(B)
The
In accordance with Subsection 
79-3-202(2)
, the
 Utah Geological Survey 
shall keep confidential 
those
the
 portions of the report that the compliance 
agency indicates are confidential
 in accordance with Subsection 
79-3-202
(2)
.
(b)
(i)
If submitting a physical copy of a report, a compliance agency shall mail or 
deliver the physical copy of the report to the address shown on the Utah 
Geological Survey website.
(ii)
The Utah Geological Survey shall return the physical copy of a report to the 
compliance agency submitting the report after the Utah Geological Survey 
completes digital scanning of the report.
(c)
If submitting a digital copy of a report, a compliance agency shall:
(i)
submit the digital copy in a form 
approved by 
the Utah Geological Survey
approves
; and
(ii)
(A)
submit the digital copy through an online process 
approved by 
the Utah 
Geological Survey
 approves
;
(B)
email the digital copy to an email address provided on the Utah Geological 
Survey's public website; or
(C)
mail or deliver the digital copy to the address described in Subsection (6)(b).
(d)
A compliance agency may include in a contract related to a geologic report, fault 
hazard report, or geotechnical report, a statement that:
(i)
the compliance agency shall share a copy of the report with the Utah Geological 
Survey in accordance with this Subsection (6); and
(ii)
the Utah Geological Survey may use information in the report as provided in 
Section 
79-3-202
 subject to keeping portions of the report confidential as provided 
in Subsection (6)(a)(ii).
(e)
A compliance agency may not be held liable for the use or reliance on a geologic 
report, fault hazard report, or geotechnical report shared with the Utah Geological 
Survey by:
(i)
the Utah Geological Survey; or
(ii)
a person 
who
that
 obtains information from the Utah Geological Survey that is 
based on the geologic report, fault hazard report, or geotechnical report.
Section 5, Section 
15A-1-302
 is amended to read:
15A-1-302
. Definitions.
As used in this part:
(1)
"Compliance agency" means the same as that term is defined in Section 
15A-1-202
.
(2)
"Construction documents" means the same as that term is defined by Modular Building 
Institute Standards 1200.
(3)
"Decal" means a form of certification, created by the Division of Facilities Construction 
and Management and issued by a third party inspection agency, to be permanently 
attached to a module, panelized system, or modular building unit indicating that the 
module, panelized system, or modular building unit has been constructed to meet or 
exceed applicable building code requirements.
(4)
"Factory built housing" means a manufactured home or mobile home.
(5)
"Factory built housing set-up contractor" means an individual licensed by the division to 
set up or install factory built housing on a temporary or permanent basis.
(6)
"HUD Code" means the National Manufactured Housing Construction and Safety 
Standards Act, 42 U.S.C. Sec. 5401 et seq.
(7)
"Local regulator" means the same as that term is defined in Section 
15A-1-202
.
(8)
"Manufactured home" means a transportable factory built housing unit constructed on or 
after June 15, 1976, according to the HUD Code, in one or more sections, that:
(a)
in the traveling mode, is eight body feet or more in width or 40 body feet or more in 
length, or when erected on site, is 400 or more square feet; and
(b)
is built on a permanent chassis and designed to be used as a dwelling with or without 
a permanent foundation when connected to the required utilities, and includes the 
plumbing, heating, air-conditioning, and electrical systems.
(9)
"Manufacturing plant" means the same as that term is defined by Modular Building 
Institute Standards 1200.
(10)
"Mobile home" means a transportable factory built housing unit built before June 15, 
1976, in accordance with a state mobile home code which existed prior to the HUD 
Code.
(11)
"Modular manufacturer" means the entity responsible for manufacturing a panelized 
system or module.
(12)
"Modular unit" or "modular building unit" means a structure:
(a)
constructed from one or more modules or panelized systems that is manufactured in 
accordance with the State Construction Code and transported to a location;
(b)
the purpose of which is for human habitation, occupancy, or use; and
(c)
is not a factory-built house, manufactured home, or mobile home.
(13)
"Module" means a three-dimensional, volumetric section of a modular building unit 
designed and approved to be transported as a single section, independent of other 
sections, to a location for onsite construction.
(14)
"Private home inspector" means an individual who:
(a)
offers services to the public; and
(b)
examines residential dwellings and the components of a residential dwelling to 
identify potential issues associated with the sale or purchase of real property.
(14)
(15)
"Offsite construction" means a modular building unit that:
(a)
is designed and constructed in compliance with this part;
(b)
is wholly or in substantial part fabricated in a manufacturing plant for installation at 
an onsite location; and
(c)
has been manufactured in such a manner that all parts or processes cannot be 
inspected at the end site location without disassembly, potentially resulting in 
damage or destruction to the modular building unit.
(15)
(16)
"Onsite construction" means:
(a)
the preparation of a location where a modular building unit will be installed, 
including preparation of site foundation, construction of any necessary supporting 
structure, and preparation to connect the modular building unit to necessary utilities; 
and
(b)
assembly and installation of one or more modules or panelized systems in 
accordance with construction documents into a modular building unit, including 
completion of any site-related construction and connecting the modular building unit 
to necessary utilities.
(16)
(17)
"Panelized system" means a closed wall, roof, or floor component that is 
constructed at a manufacturing plant or by a modular manufacturer in a manner that 
prevents the construction from being fully inspected at an onsite location without 
disassembly, damage, or destruction.
(17)
(18)
"State regulator" means the same as that term is defined in Section 
15A-1-202
.
(18)
(19)
"Third party inspection agency" means an entity approved by the Division of 
Facilities Construction and Management to be qualified to inspect a module or panelized 
system for compliance with the construction documents, compliance control, and 
applicable code.
(19)
(20)
"Third party inspector" means a person who:
(a)
is qualified to inspect a modular building unit for compliance with construction 
documents, compliance control, and applicable building code;
(b)
works under the direction of a third party inspection agency;
(c)
has been licensed by the division under Section 
15A-1-307
; and
(d)
is approved by the Division of Facilities Construction and Management to conduct 
third party inspections, as described in Section 
15A-1-307
.
(20)
(21)
"Unregistered modular unit" means a modular unit that:
(a)
has not been inspected as required by this title; or
(b)
does not have a required decal.
Section 6, Section 
58-56-9
 is amended to read:
58-56-9
. Qualifications of inspectors -- Contract for inspection services.
(1)
An
A building
 inspector employed by a local regulator, state regulator, or compliance 
agency to enforce the codes shall:
(a)
(i)
meet minimum qualifications as established by the division in collaboration 
with the commission;
(ii)
be certified by a nationally recognized organization which promulgates 
construction codes; or
(iii)
pass an examination developed by the division in collaboration with the 
commission;
(b)
(a)
be currently licensed by the division as meeting 
those
the
 minimum 
qualifications
;
 the division establishes in collaboration with the commission, by rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
and
(c)
(b)
be subject to disciplinary or other action if the 
licensee
building inspector
engages in unlawful or unprofessional conduct.
(2)
A local regulator, state regulator, or compliance agency may contract for the services of 
a 
licensed
building
 inspector not regularly employed by the regulator or agency.
(3)
A private home inspector shall:
(a)
be currently licensed by the division as meeting the minimum qualifications the 
division establishes in collaboration with the commission, by rule in accordance with 
the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b)
be subject to disciplinary or other action if the individual engages in unlawful or 
unprofessional conduct.
(3)
(4)
In accordance with Section 
58-1-401
, the division may:
(a)
refuse to issue a license to an applicant;
(b)
refuse to renew the license of a licensee;
(c)
revoke, suspend, restrict, or place on probation the license of a licensee;
(d)
issue a public or private reprimand;
(e)
issue a citation to a licensee; and
(f)
issue a cease and desist order.
Section 7, Section 
58-56-9.1
 is amended to read:
58-56-9.1
. Unlawful conduct.
(1)
Unlawful conduct is as
"Unlawful conduct" means the same as that term is
 defined 
in 
Subsection 
58-1-501(1)
 and includes:
Section 
58-1-501
.
(2)
"Unlawful conduct" includes:
(1)
(a)
engaging in the sale of factory built housing without being registered with the 
division as a dealer, unless the sale is exempt under Section 
58-56-16
;
(2)
(b)
selling factory built housing within the state as a dealer without collecting and 
remitting to the division the fee required by Section 
58-56-17
;
(3)
(c)
acting as a building inspector or representing oneself to be acting as a building 
inspector, unless licensed or 
exempted from licensure
exempt
 under this chapter or 
using the title building inspector or any other description, words, letters, or 
abbreviation indicating that the person is a building inspector if the person has not 
been licensed under this chapter;
(4)
(d)
acting as a building inspector beyond the scope of the license held under this 
chapter;
 and
(5)
(e)
hiring or employing in any manner an unlicensed person as a building inspector, 
unless 
exempted
exempt
 from licensure under this chapter
.
; and
(f)
as a building official, directing or knowingly allowing an employed or contracted 
inspector to perform beyond the scope of the inspector's license held under this 
chapter.
Section 8, Section 
58-56-9.3
 is amended to read:
58-56-9.3
. Unprofessional conduct.
(1)
Unprofessional conduct is as
"Unprofessional conduct" means the same as that term is
defined in 
Subsection 
58-1-501(2)
 and includes:
Section 
58-1-501
.
(1)
(2)
"Unprofessional conduct" includes:
(a)
as a building inspector:
(i)
knowingly failing to inspect or issue correction notices for code violations 
which
that
 when left uncorrected would constitute a hazard to the public health and safety
; 
and
(ii)
 and 
knowingly failing to require 
that
compliance with
 correction notices
 are 
complied with as a building inspector
;
(2)
(b)
the use of alcohol or the illegal use of drugs while performing duties 
as a 
building inspector or at any time 
to the extent that the inspector is physically or 
mentally impaired and unable to effectively perform the duties of an inspector;
(3)
(c)
gross negligence in the performance of official duties as 
a building
an
 inspector;
(4)
(d)
the personal use of information or knowingly revealing information to 
unauthorized persons when that information has been obtained by 
a building
an
inspector as a result of the inspector's employment, work, or position as an inspector;
(5)
(e)
unlawful acts or practices 
which
that
 are clearly unethical under generally 
recognized standards of conduct of 
a building
an
 inspector;
(6)
(f)
engaging in fraud or knowingly misrepresenting a fact relating to the 
performance of duties and responsibilities as 
a building
an
 inspector;
(7)
(g)
a building inspector knowingly failing to require that all plans, specifications, 
drawings, documents, and reports be stamped by architects, professional engineers, 
or both as established by law;
(8)
(h)
a building inspector knowingly failing to report to the division an act or 
omission of a licensee under 
Title 58, Chapter 55, Utah Construction Trades 
Licensing Act
Chapter 55, Utah Construction Trades Licensing Act
, which when left 
uncorrected constitutes a hazard to public health and safety;
(9)
(i)
a building 
an 
inspector knowingly failing to report to the division unlicensed 
practice persons who are required to be licensed under 
Title 58, Chapter 55, Utah 
Construction Trades Licensing Act
Chapter 55, Utah Construction Trades Licensing 
Act
;
(10)
(j)
a building inspector's approval of work 
which
that
 materially varies from 
approved documents that have been stamped by an architect, professional engineer, 
or both unless authorized by the licensed architect, professional engineer, or both;
(11)
(k)
a building inspector failing to produce verification of current licensure and 
current certifications for the codes upon request of the division, a compliance agency, 
or a contractor or property owner whose work is being inspected;
(12)
(l)
a building inspector requiring work that materially varies from the 
building 
codes adopted by the state
, including amendments
;
(m)
an inspector failing to make reasonable efforts to maintain a current knowledge of 
amendments to code;
(n)
falsifying inspection reports or purporting to perform an inspection that was not 
actually performed as an inspector;
(o)
an inspector engaging in retaliatory actions against individuals or companies that file 
complaints or question the local regulator's decisions;
(p)
an inspector accepting what would reasonably be viewed as a bribe, including 
monetary, goods, materials, or other benefits in the course of duty;
(q)
any willful, fraudulent, or deceitful act by an inspector, caused by an inspector, or at 
an inspector's direction that causes material injury to another;
(13)
(r)
nondelivery of goods or services by a registered dealer 
which
that
 constitutes a 
breach of contract by the dealer;
(14)
(s)
the failure of a registered dealer to pay a subcontractor or supplier any amounts 
to which that subcontractor or supplier is legally entitled;
 and
(15)
(t)
any other activity 
which
that
 is defined as unprofessional conduct by division 
rule in accordance with the provisions of 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
.
; and
(u)
a building official knowingly or willfully allowing an inspector contracted or 
employed within the building official's jurisdiction or firm to engage in the actions 
listed in Subsections 
(2)
(a) through (2)(t).
Section 9. 
Effective Date.
This bill takes effect on 
January 1, 2026
.
3-12-25 9:16 AM