Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                         H.B. 518
Approved for Filing: T. Moore 6                               st
                                                                     1 Sub. (Buff)
         6 02-13-24 12:01 PM 6
               Representative Thomas W. Peterson proposes the following substitute bill:
                STATE CONSTRUCTION CODE MODIFICATIONS
                                    2024 GENERAL SESSION
                                        STATE OF UTAH
                           Chief Sponsor: Thomas W. Peterson
                                Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
       This bill modifies State Construction Code.
 Highlighted Provisions:
       This bill:
       < amends the State Construction Code to:
           C   align with updated standards in the International Residential Code (IRC); and
           C   modify provisions of the IRC;
       < creates a mass timber construction loan program; and
       < makes technical changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None                                                                                    1 stSub. H.B. 518
 Utah Code Sections Affected:
 AMENDS:
       15A-1-104, as enacted by Laws of Utah 2014, Chapter 197
       15A-2-103, as last amended by Laws of Utah 2023, Chapters 160, 209
       15A-3-105, as last amended by Laws of Utah 2023, Chapter 209
     *HB0518S01*
       1st Sub. (Buff) H.B. 518                                                   02-13-24 12:01 PM
        15A-3-202, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-203, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-204, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-205, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-206, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-401, as last amended by Laws of Utah 2019, Chapter 20
        15A-3-701, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-801, as last amended by Laws of Utah 2023, Chapter 209
        15A-5-103, as last amended by Laws of Utah 2023, Chapter 95
        58-55-102, as last amended by Laws of Utah 2023, Chapter 223
36
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 15A-1-104 is amended to read:
        15A-1-104. Permit approval required -- Certificate of occupancy valid.
        (1) As used in this section:
        (a) "Compliance agency" is as defined in Section 15A-1-202.
        (b) "Project" is as defined in Section 15A-1-209.
        (2) A compliance agency for a political subdivision may not reject a permit, or
 otherwise withhold approval of a project whenever approval is required, for failure to comply
 with the applicable provisions of this title unless the compliance agency:
        (a) cites with specificity the applicable provision with which the project has failed to
 comply; and
        (b) describes how the project has failed to comply.
        (3) A municipality may not withhold a permit or project approval for a project because
 of a noncomplying or non-conforming structure on the same property provided:
        (a) it has been completed for a minimum of two years; and
        (b) it does not pose an immediate health or life safety concerns.
        (4) A municipality may not require additional permitting, engineering or inspections
 for a non-conforming and non-complying structures after it has been completed for two years
 or more if the work in question does not pose an immediate health or life safety concern.
        (5) If a compliance agency or a representative of a compliance agency issues a
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       02-13-24 12:01 PM                                                       1st Sub. (Buff) H.B. 518
 certificate of occupancy, the compliance agency may not withdraw the certificate of occupancy
 or exert additional jurisdiction over the elements of the project for which the certificate was
 issued unless additional changes or modifications requiring a building permit are made to
 elements of the project after the certificate was issued.
        Section 2. Section 15A-2-103 is amended to read:
        15A-2-103. Specific editions adopted of construction code of a nationally
 recognized code authority.
        (1) Subject to the other provisions of this part, the following construction codes are
 incorporated by reference, and together with the amendments specified in Chapter 3, Statewide
 Amendments Incorporated as Part of State Construction Code, and Chapter 4, Local
 Amendments Incorporated as Part of State Construction Code, are the construction standards to
 be applied to building construction, alteration, remodeling, and repair, and in the regulation of
 building construction, alteration, remodeling, and repair in the state:
        (a) the 2021 edition of the International Building Code, including Appendices C and J,
 issued by the International Code Council;
        (b) [except as provided in Subsection (1)(c),] the 2021 edition of the International
 Residential Code, issued by the International Code Council;
        [(c) the residential provisions of Chapter 11, Energy Efficiency, of the 2015 edition of
 the International Residential Code, issued by the International Code Council;]
        [(d)] (c) Appendix AQ of the 2021 edition of the International Residential Code, issued
 by the International Code Council;
        [(e)] (d) the 2021 edition of the International Plumbing Code, issued by the
 International Code Council;
        [(f)] (e) the 2021 edition of the International Mechanical Code, issued by the
 International Code Council;
        [(g)] (f) the 2021 edition of the International Fuel Gas Code, issued by the International
 Code Council;
        [(h)] (g) the 2020 edition of the National Electrical Code, issued by the National Fire
 Protection Association;
        [(i) the residential provisions of the 2015 edition of the International Energy
 Conservation Code, issued by the International Code Council;]
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        1st Sub. (Buff) H.B. 518                                                 02-13-24 12:01 PM
         [(j)] (h) [the commercial provisions of] the 2021 edition of the International Energy
 Conservation Code, issued by the International Code Council;
         [(k)] (i) the 2021 edition of the International Existing Building Code, issued by the
 International Code Council;
         [(l)] (j) subject to Subsection 15A-2-104(2), the HUD Code;
         [(m)] (k) subject to Subsection 15A-2-104(1), Appendix AE of the 2021 edition of the
 International Residential Code, issued by the International Code Council;
         [(n)] (l) subject to Subsection 15A-2-104(1), the 2005 edition of the NFPA 225 Model
 Manufactured Home Installation Standard, issued by the National Fire Protection Association;
         [(o)] (m) subject to Subsection (3), for standards and guidelines pertaining to plaster on
 a historic property, as defined in Section 9-8a-302, the U.S. Department of the Interior
 Secretary's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;
 and
         [(p)] (n) the residential provisions of the 2021 edition of the International Swimming
 Pool and Spa Code, issued by the International Code Council.
         (2) Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire
 Control, the Legislature adopts the 2006 edition of the Utah Wildland Urban Interface Code,
 issued by the International Code Council, with the alternatives or amendments approved by the
 Utah Division of Forestry, Fire, and State Lands, as a construction code that may be adopted by
 a local compliance agency by local ordinance or other similar action as a local amendment to
 the codes listed in this section.
         (3) The standards and guidelines described in Subsection [(1)(o)] (1)(n) apply only if:
         (a) the owner of the historic property receives a government tax subsidy based on the
 property's status as a historic property;
         (b) the historic property is wholly or partially funded by public money; or
         (c) the historic property is owned by a government entity.
         Section 3. Section 15A-3-105 is amended to read:
         15A-3-105. Amendments to Chapters 10 through 12 of IBC.
         (1) In IBC, Section 1010.2.4, number (2), the following is added at the end of the
 sentence: "Blended assisted living facilities shall comply with Section 1010.2.14.1."
         (2) A new IBC Section 1010.2.14.1 is added as follows: "1010.2.14.1 Blended assisted
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        02-13-24 12:01 PM                                                    1st Sub. (Buff) H.B. 518
 living facilities. In occupancy Group I-1, Condition 2 or Group I-2, a Type-II assisted living
 facility licensed by the Department of Health and Human Services for residents with
 Alzheimers or dementia, and having a controlled egress locking system to prevent operation
 from the egress side shall be permitted to also house residents without a clinical need for their
 containment where all of the following provisions are met:
          (a) locks in the means of egress comply with all IBC requirements for controlled egress
 doors;
          (b) all residents without a clinical need for their containment shall have the keys, codes
 or other means necessary to operate the locking systems;
          (c) residents or their legal representative acknowledge in writing that they understand
 and agree to living in a facility where egress is controlled; and
          (d) the number of residents housed in a smoke compartment with controlled egress
 shall not be greater than 30."
          (3) In IBC, Section 1011.5.2, exception 3 is deleted and replaced with the following: "
 3. In Group R-3 occupancies, within dwelling units in Group R-2 occupancies, and in Group U
 occupancies that are accessory to a Group R-3 occupancy, or accessory to individual dwelling
 units in Group R-2 occupancies, the maximum riser height shall be 8 inches (203 mm) and the
 minimum tread depth shall be 9 inches (229 mm). The minimum winder tread depth at the
 walk line shall be 10 inches (254 mm), and the minimum winder tread depth shall be 6 inches
 (152 mm). A nosing not less than 0.75 inch (19.1 mm) but not more than 1.25 inches (32 mm)
 shall be provided on stairways with solid risers where the tread depth is less than 10 inches
 (254 mm)."
          [(2)] (4) In IBC, Section 1011.11, a new exception 6 is added as follows: " 6. In
 occupancies in Group R-3, as applicable in Section 101.2 and in occupancies in Group U,
 which are accessory to an occupancy in Group R-3, as applicable in Section 101.2, handrails
 shall be provided on at least one side of stairways consisting of four or more risers."
          [(3)] (5) IBC, Section 1025, is deleted.
          Section 4. Section 15A-3-202 is amended to read:
          15A-3-202. Amendments to Chapters 1 through 5 of IRC.
          (1) In IRC, Section R101.2, Exception, the words "where provided with an automatic
 sprinkler system complying with Section P2904" are deleted.
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        1st Sub. (Buff) H.B. 518                                                    02-13-24 12:01 PM
         (2) In IRC, Section R102, a new Section R102.7.2 is added as follows: "R102.7.2
 Physical change for bedroom window egress. A structure whose egress window in an existing
 bedroom is smaller than required by this code, and that complied with the construction code in
 effect at the time that the bedroom was finished, is not required to undergo a physical change to
 conform to this code if the change would compromise the structural integrity of the structure or
 could not be completed in accordance with other applicable requirements of this code,
 including setback and window well requirements."
         [(3) IRC, Section R105.2, number 10, is deleted and replaced with the following: "10.
 Decks that are not more than 30 inches (762 mm) above grade at any point and not requiring
 guardrails, that do not serve the exit door required by Section R311.4."]
         (3) In IRC Section R105.2, under Building, the following changes are made:
         (a) Number 3 is deleted and replaced with the following: "3. Retaining walls retaining
 less than 4 feet (1219mm) of unbalanced fill, unless supporting a surcharge or requiring design
 per Section R404.4."
         (b) Number 10 is deleted and replaced with the following: "10. Decks that are not more
 than 30 inches (762mm) above grade at any point and not requiring guardrails, that do not
 serve exit door required by Section R311.4."
         (4) In IRC, Section R105.2 a new exception is added: "11. Grade level, non-connected
 conex boxes, less than 350 square feet, used for storage only."
         [(4)] (5) In IRC, Section R108.3, the following sentence is added at the end of the
 section: "The building official shall not request proprietary information."
         [(5)] (6) IRC, Section 109.1.5, is deleted and replaced with the following: "R109.1.5
 Weather-resistant exterior wall envelope inspections. An inspection shall be made of the
 weather-resistant exterior wall envelope as required by Section R703.1 and flashings as
 required by Section R703.4 to prevent water from entering the weather-resistive barrier."
         [(6)] (7) In IRC, Section R202, the following definition is added: "ACCESSORY
 DWELLING UNIT: A habitable living unit created within the existing footprint of a primary
 owner-occupied single-family dwelling."
         [(7)] (8) In IRC, Section R202, the definition for "Approved" is modified by adding the
 words "or independent third-party licensed engineer or architect and submitted to the building
 official" after the word "official."
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        02-13-24 12:01 PM                                                     1st Sub. (Buff) H.B. 518
        [(8)] (9) In IRC, Section R202, the definition for "Approved Agency" is modified by
 replacing the word "and" with "or."
        [(9)] (10) In IRC, Section 202, the definition for "Approved Source" is modified by
 adding the words "or licensed engineer or architect" after the word "official."
        [(10)] (11) In IRC, Section R202, the following definition is added: "CERTIFIED
 BACKFLOW PREVENTER ASSEMBLY TESTER: A person who has shown competence to
 test Backflow prevention assemblies to the satisfaction of the authority having jurisdiction
 under Utah Code, Subsection 19-4-104(4)."
        [(11)] (12) In IRC, Section R202, the definition of "Cross Connection" is deleted and
 replaced with the following: "CROSS CONNECTION. Any physical connection or potential
 connection or arrangement between two otherwise separate piping systems, one of which
 contains potable water and the other either water of unknown or questionable safety or steam,
 gas, or chemical, whereby there exists the possibility for flow from one system to the other,
 with the direction of flow depending on the pressure differential between the two systems (see
 "Backflow, Water Distribution")."
        [(12)] (13) In IRC, Section 202, the following definition is added: "DUAL SOURCE
 CONNECTION. A pipe that is installed so that either the nonpotable (i.e. secondary) irrigation
 water or the potable water is connected to a pressurized irrigation system at one time, but not
 both at the same time; or a pipe that is installed so that either the potable water or private well
 water is connected to a residence at one time, but not both at the same time. The potable water
 supply line shall be protected by a reduced pressure backflow preventer."
        [(13)] (14) In IRC, Section 202, the following definition is added: "ENERGY
 STORAGE SYSTEM (ESS). One or more devices, assembled together, that are capable of
 storing energy for supplying electrical energy at a future time."
        [(14)] (15) In IRC, Section 202, in the definition for gray water a comma is inserted
 after the word "washers"; the word "and" is deleted; and the following is added to the end: "and
 clear water wastes which have a pH of 6.0 to 9.0; are non-flammable; non-combustible;
 without objectionable odors; non-highly pigmented; and will not interfere with the operation of
 the sewer treatment facility."
        [(15)] (16) In IRC, Section R202, the definition of "Potable Water" is deleted and
 replaced with the following: "POTABLE WATER. Water free from impurities present in
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        1st Sub. (Buff) H.B. 518                                                 02-13-24 12:01 PM
 amounts sufficient to cause disease or harmful physiological effects and conforming to the
 Utah Code, Title 19, Chapter 4, Safe Drinking Water Act, and Title 19, Chapter 5, Water
 Quality Act, and the regulations of the public health authority having jurisdiction."
           [(16)] (17) IRC, Figure R301.2 (3), is deleted and replaced with R301.2 (3) as follows:
                                         "TABLE R301.2 (3)
                GROUND SNOW LOADS FOR SELECTED LOCATIONS IN UTAH
   City/Town County Ground Snow Load (lb/ft2)        Elevation (ft)
   Beaver Beaver             35