Bill Summary – FastDemocracy

Enrolled Copy                                                                    H.B. 1003
              GOVERNMENT BUILDING REGULATION AMENDMENTS
                                  2021 FIRST SPECIAL SESSION
                                          STATE OF UTAH
                                   Chief Sponsor: Paul Ray
                               Senate Sponsor: Scott D. Sandall
 6
 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
       H.B. 1003                                                                    Enrolled Copy
        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        15A-1-204 (Superseded 07/01/21), as last amended by Laws of Utah 2020, Chapters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
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 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;
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       Enrolled Copy                                                                         H.B. 1003
           (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
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       H.B. 1003                                                                       Enrolled Copy
 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
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        Enrolled Copy                                                                          H.B. 1003
         (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
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        H.B. 1003                                                                       Enrolled Copy
 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).
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        Enrolled Copy                                                                      H.B. 1003
        (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;
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        H.B. 1003                                                                       Enrolled Copy
         (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.
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        Enrolled Copy                                                                           H.B. 1003
           [(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
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       H.B. 1003                                                                       Enrolled Copy
 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
 15