LEGISLATIVE GENERAL COUNSEL S.B. 185
6 Approved for Filing: A. Weenig 6 3rd Sub. (Ivory)
6 02-27-24 9:56 AM 6
Representative Calvin R. Musselman proposes the following substitute bill:
1 RESIDENTIAL BUILDING INSPECTION AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Evan J. Vickers
5 House Sponsor: Calvin R. Musselman
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to third-party inspection firms.
10 Highlighted Provisions:
11 This bill:
12 < provides that, if a city does not provide a building inspection within three days, an
13 applicant may engage a third-party inspection firm;
14 < authorizes a person seeking a building permit to hire a third-party inspection firm to
15 perform an inspection of the person's property;
16 < requires that a local regulator that issues a building permit pay any cost associated
17 with the person seeking a building permit hiring a third-party inspection firm;
18 < establishes a process and standards that govern a local regulator's payment of
19 third-party inspection firm costs;
20 < requires that a local regulator issue a certificate of occupancy to the owner of real 3rd Sub. S.B. 185
21 property after the third-party inspection firm complies with certain requirements;
22 < exempts a local regulator from liability for any inspection performed by a
23 third-party inspection firm;
24 < grants rulemaking authority to the Division of Facilities Construction and
25 Management;
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26 < amends provisions relating to disciplinary proceedings for a licensed inspector; and
27 < defines terms.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 10-6-160, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
35 15A-1-202, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
36 17-36-55, as last amended by Laws of Utah 2021, First Special Session, Chapter 3
37 58-56-9, as last amended by Laws of Utah 2018, Chapter 229
38 ENACTS:
39 15A-1-105, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 10-6-160 is amended to read:
43 10-6-160. Fees collected for construction approval -- Approval of plans.
44 (1) As used in this section:
45 (a) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
46 (b) "Construction project" means the same as that term is defined in Section 38-1a-102.
47 (c) "Lodging establishment" means a place providing temporary sleeping
48 accommodations to the public, including any of the following:
49 (i) a bed and breakfast establishment;
50 (ii) a boarding house;
51 (iii) a dormitory;
52 (iv) a hotel;
53 (v) an inn;
54 (vi) a lodging house;
55 (vii) a motel;
56 (viii) a resort; or
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57 (ix) a rooming house.
58 (d) "Planning review" means a review to verify that a city has approved the following
59 elements of a construction project:
60 (i) zoning;
61 (ii) lot sizes;
62 (iii) setbacks;
63 (iv) easements;
64 (v) curb and gutter elevations;
65 (vi) grades and slopes;
66 (vii) utilities;
67 (viii) street names;
68 (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban
69 Interface Code adopted under Section 15A-2-103; and
70 (x) subdivision.
71 (e) (i) "Plan review" means all of the reviews and approvals of a plan that a city
72 requires to obtain a building permit from the city with a scope that may not exceed a review to
73 verify:
74 (A) that the construction project complies with the provisions of the State Construction
75 Code under Title 15A, State Construction and Fire Codes Act;
76 (B) that the construction project complies with the energy code adopted under Section
77 15A-2-103;
78 (C) that the construction project received a planning review;
79 (D) that the applicant paid any required fees;
80 (E) that the applicant obtained final approvals from any other required reviewing
81 agencies;
82 (F) that the construction project complies with federal, state, and local storm water
83 protection laws;
84 (G) that the construction project received a structural review;
85 (H) the total square footage for each building level of finished, garage, and unfinished
86 space; and
87 (I) that the plans include a printed statement indicating that the actual construction will
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88 comply with applicable local ordinances and the state construction codes.
89 (ii) "Plan review" does not mean a review of a document:
90 (A) required to be re-submitted for a construction project other than a construction
91 project for a one to two family dwelling or townhome if additional modifications or substantive
92 changes are identified by the plan review;
93 (B) submitted as part of a deferred submittal when requested by the applicant and
94 approved by the building official; or
95 (C) that, due to the document's technical nature or on the request of the applicant, is
96 reviewed by a third party.
97 (f) "State Construction Code" means the same as that term is defined in Section
98 15A-1-102.
99 (g) "State Fire Code" means the same as that term is defined in Section 15A-1-102.
100 (h) "Structural review" means:
101 (i) a review that verifies that a construction project complies with the following:
102 (A) footing size and bar placement;
103 (B) foundation thickness and bar placement;
104 (C) beam and header sizes;
105 (D) nailing patterns;
106 (E) bearing points;
107 (F) structural member size and span; and
108 (G) sheathing; or
109 (ii) if the review exceeds the scope of the review described in Subsection (1)(h)(i), a
110 review that a licensed engineer conducts.
111 (i) "Technical nature" means a characteristic that places an item outside the training
112 and expertise of an individual who regularly performs plan reviews.
113 (2) (a) If a city collects a fee for the inspection of a construction project, the city shall
114 ensure that the construction project receives a prompt inspection.
115 (b) If a city cannot provide a building inspection within three business days after the
116 day on which the city receives the request for the inspection, [the city shall promptly engage an
117 independent inspector with fees collected from the applicant] the applicant may hire a
118 third-party inspection firm, as described in Section 15A-1-105.
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119 (c) If an inspector identifies one or more violations of the State Construction Code or
120 State Fire Code during an inspection, the inspector shall give the permit holder written
121 notification that:
122 (i) identifies each violation;
123 (ii) upon request by the permit holder, includes a reference to each applicable provision
124 of the State Construction Code or State Fire Code; and
125 (iii) is delivered:
126 (A) in hardcopy or by electronic means; and
127 (B) the day on which the inspection occurs.
128 (3) (a) A city shall complete a plan review of a construction project for a one to two
129 family dwelling or townhome by no later than 14 business days after the day on which the
130 applicant submits a complete building permit application to the city.
131 (b) A city shall complete a plan review of a construction project for a residential
132 structure built under the International Building Code, not including a lodging establishment, by
133 no later than 21 business days after the day on which the applicant submits a complete building
134 permit application to the city.
135 (c) (i) Subject to Subsection (3)(c)(ii), if a city does not complete a plan review before
136 the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the
137 city complete the plan review.
138 (ii) If an applicant makes a request under Subsection (3)(c)(i), the city shall perform the
139 plan review no later than:
140 (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the
141 applicant makes the request; or
142 (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the
143 applicant makes the request.
144 (d) An applicant may:
145 (i) waive the plan review time requirements described in this Subsection (3); or
146 (ii) with the city's consent, establish an alternative plan review time requirement.
147 (4) A city may not enforce a requirement to have a plan review if:
148 (a) the city does not complete the plan review within the time period described in
149 Subsection (3)(a) or (b); and
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150 (b) a licensed architect or structural engineer, or both when required by law, stamps the
151 plan.
152 (5) (a) A city may attach to a reviewed plan a list that includes:
153 (i) items with which the city is concerned and may enforce during construction; and
154 (ii) building code violations found in the plan.
155 (b) A city may not require an applicant to redraft a plan if the city requests minor
156 changes to the plan that the list described in Subsection (5)(a) identifies.
157 (c) A city may only require a single resubmittal of plans for a one or two family
158 dwelling or townhome if the resubmission is required to address deficiencies identified by a
159 third-party review of a geotechnical report or geological report.
160 (6) If a city charges a fee for a building permit, the city may not refuse payment of the
161 fee at the time the applicant submits a building permit application under Subsection (3).
162 (7) A city may not limit the number of building permit applications submitted under
163 Subsection (3).
164 (8) For purposes of Subsection (3), a building permit application is complete if the
165 application contains:
166 (a) the name, address, and contact information of:
167 (i) the applicant; and
168 (ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for
169 the construction project;
170 (b) a site plan for the construction project that:
171 (i) is drawn to scale;
172 (ii) includes a north arrow and legend; and
173 (iii) provides specifications for the following:
174 (A) lot size and dimensions;
175 (B) setbacks and overhangs for setbacks;
176 (C) easements;
177 (D) property lines;
178 (E) topographical details, if the slope of the lot is greater than 10%;
179 (F) retaining walls;
180 (G) hard surface areas;
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181 (H) curb and gutter elevations as indicated in the subdivision documents;
182 (I) utilities, including water meter and sewer lateral location;
183 (J) street names;
184 (K) driveway locations;
185 (L) defensible space provisions and elevations, if required by the Utah Wildland Urban
186 Interface Code adopted under Section 15A-2-103; and
187 (M) the location of the nearest hydrant;
188 (c) construction plans and drawings, including:
189 (i) elevations, only if the construction project is new construction;
190 (ii) floor plans for each level, including the location and size of doors and windows;
191 (iii) foundation, structural, and framing detail; and
192 (iv) electrical, mechanical, and plumbing design;
193 (d) documentation of energy code compliance;
194 (e) structural calculations, except for trusses;
195 (f) a geotechnical report, including a slope stability evaluation and retaining wall
196 design, if:
197 (i) the slope of the lot is greater than 15%; and
198 (ii) required by the city; and
199 (g) a statement indicating that actual construction will comply with applicable local
200 ordinances and building codes.
201 Section 2. Section 15A-1-105 is enacted to read:
202 15A-1-105. Third-party inspection firms.
203 (1) As used in this section:
204 (a) "Code" means:
205 (i) the State Construction Code; or
206 (ii) an approved code.
207 (b) "Inspection" means a comprehensive assessment of the physical condition of a
208 piece of real property or the real property's components.
209 (c) "Local regulator" means a political subdivision of the state that is empowered to
210 engage in the regulation of construction, alteration, remodeling, building, repair, and other
211 activities subject to the code.
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212 (d) "Third-party inspection firm" means a licensed, independent entity, with no interest
213 in the outcome of an inspection, that a client engages to conduct an inspection.
214 (2) Subject to the provisions of this section and Subsection 10-6-160(2):
215 (a) a person may hire a third-party inspection firm to conduct an inspection on real
216 property that the person owns; and
217 (b) the local regulator shall pay the cost of the inspection the third-party inspection
218 firm performs after the local regulator issues a building permit for the property and collects the
219 building permit fee.
220 (3) Before the local regulator pays the cost of an inspection in accordance with
221 Subsection (2):
222 (a) the third-party inspection firm shall provide proof of payment to the local regulator;
223 and
224 (b) the local regulator shall ensure that the cost described in the proof of payment
225 complies with rules made by the Division of Facilities Construction and Management.
226 (4) Upon completing an inspection, a third-party inspection firm shall submit the
227 inspection report to the local regulator.
228 (5) After the third-party inspection firm completes the final inspection and submits the
229 inspection report to the local regulator, the local regulator shall issue the certificate of
230 occupancy to the owner of the real property, if the local regulator determines that, based on the
231 inspection report, the property meets the applicable standards.
232 (6) A local regulator is not liable for any inspection performed by a third-party
233 inspection firm.
234 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
235 Division of Facilities and Construction Management shall:
236 (a) make rules establishing standard reimbursement costs for the services of third-party
237 inspection firms;
238 (b) establish standards for the approval of a third-party inspection firm; and
239 (c) establish a process by which the Division of Facilities and Construction
240 Management approves a third-party inspection firm.
241 Section 3. Section 15A-1-202 is amended to read:
242 15A-1-202. Definitions.
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243 As used in this chapter:
244 (1) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
245 or keeping or raising domestic animals.
246 (2) (a) "Approved code" means a code, including the standards and specifications
247 contained in the code, approved by the division under Section 15A-1-204 for use by a
248 compliance agency.
249 (b) "Approved code" does not include the State Construction Code.
250 (3) "Building" means a structure used or intended for supporting or sheltering any use
251 or occupancy and any improvements attached to it.
252 (4) "Building permit holder" means a person to whom a local regulator issues a
253 building permit.
254 [(4)] (5) "Code" means:
255 (a) the State Construction Code; or
256 (b) an approved code.
257 [(5)] (6) "Commission" means the Uniform Building Code Commission created in
258 Section 15A-1-203.
259 [(6)] (7