Enrolled Copy S.B. 247
1 REVISOR'S TECHNICAL CORRECTIONS TO UTAH CODE
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers House Sponsor: Jefferson Moss
2
3 LONG TITLE
4 General Description:
5 This bill makes technical changes to provisions of the Utah Code.
6 Highlighted Provisions:
7 This bill:
8 ▸ modifies parts of the Utah Code to make technical corrections, including:
9 ● eliminating or correcting references involving repealed provisions;
10 ● eliminating redundant or obsolete language;
11 ● making minor wording changes;
12 ● updating cross-references; and
13 ● correcting numbering and other errors.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 13-61-102, as enacted by Laws of Utah 2022, Chapter 462
21 15A-5-203, as last amended by Laws of Utah 2023, Chapters 95, 327
22 17-27a-403, as last amended by Laws of Utah 2023, Chapters 88, 238
23 17-27a-408, as last amended by Laws of Utah 2023, Chapters 88, 501 and 529 and last
24 amended by Coordination Clause, Laws of Utah 2023, Chapter 88
25 23A-4-704, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and
26 amended by Laws of Utah 2023, Chapter 103
27 26B-4-123 (Superseded 07/01/24), as renumbered and amended by Laws of Utah 2023,
28 Chapter 307
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29 32B-6-205.4, as enacted by Laws of Utah 2018, Chapter 249
30 32B-6-305.4, as enacted by Laws of Utah 2018, Chapter 249
31 32B-6-905.3, as enacted by Laws of Utah 2018, Chapter 249
32 34A-2-424, as enacted by Laws of Utah 2017, Chapter 53
33 35A-8-509, as last amended by Laws of Utah 2022, Chapter 406
34 35A-16-503, as enacted by Laws of Utah 2022, Chapter 403
35 35A-16-703, as enacted by Laws of Utah 2023, Chapter 302
36 41-1a-419, as last amended by Laws of Utah 2023, Chapter 33
37 49-20-415, as enacted by Laws of Utah 2017, Chapter 53
38 52-4-204, as last amended by Laws of Utah 2022, Chapters 169, 422
39 52-4-207, as last amended by Laws of Utah 2023, Chapter 100
40 53-2a-206, as last amended by Laws of Utah 2021, Chapter 437
41 53G-5-405, as last amended by Laws of Utah 2023, Chapter 343
42 53G-6-603, as last amended by Laws of Utah 2022, Chapter 329
43 58-37-7, as last amended by Laws of Utah 2023, Chapters 285, 329
44 58-37-19, as last amended by Laws of Utah 2023, Chapters 285, 329
45 58-67-305, as last amended by Laws of Utah 2022, Chapter 233
46 58-68-305, as last amended by Laws of Utah 2022, Chapter 233
47 58-71-305, as last amended by Laws of Utah 2018, Chapter 35
48 63A-17-808, as enacted by Laws of Utah 2023, Chapter 279
49 63G-2-107, as last amended by Laws of Utah 2023, Chapter 173
50 63I-1-219, as last amended by Laws of Utah 2022, Chapter 194
51 63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
52 212, 218, 249, 270, 448, 489, and 534
53 63I-2-272, as last amended by Laws of Utah 2023, Chapter 33
54 71A-8-103 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapter 328 and
55 renumbered and amended by Laws of Utah 2023, Chapter 44
56 73-2-1, as last amended by Laws of Utah 2023, Chapter 16
57 76-3-203.3, as last amended by Laws of Utah 2023, Chapter 111
58 76-3-402, as last amended by Laws of Utah 2023, Chapter 132
59 76-5-207, as last amended by Laws of Utah 2023, Chapter 415
60 78B-14-102, as last amended by Laws of Utah 2015, Chapter 45
61 78B-25-114, as enacted by Laws of Utah 2023, Chapter 488
62 REPEALS:
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63 11-26-101, as enacted by Laws of Utah 2018, Chapter 283
64 63A-18-101, as enacted by Laws of Utah 2021, Chapter 84
65
66 Be it enacted by the Legislature of the state of Utah:
67 Section 1. Section 13-61-102 is amended to read:
68 13-61-102 . Applicability.
69 (1) This chapter applies to any controller or processor who:
70 (a) (i) conducts business in the state; or
71 (ii) produces a product or service that is targeted to consumers who are residents of
72 the state;
73 (b) has annual revenue of $25,000,000 or more; and
74 (c) satisfies one or more of the following thresholds:
75 (i) during a calendar year, controls or processes personal data of 100,000 or more
76 consumers; or
77 (ii) derives over 50% of the entity's gross revenue from the sale of personal data and
78 controls or processes personal data of 25,000 or more consumers.
79 (2) This chapter does not apply to:
80 (a) a governmental entity or a third party under contract with a governmental entity
81 when the third party is acting on behalf of the governmental entity;
82 (b) a tribe;
83 (c) an institution of higher education;
84 (d) a nonprofit corporation;
85 (e) a covered entity;
86 (f) a business associate;
87 (g) information that meets the definition of:
88 (i) protected health information for purposes of the federal Health Insurance
89 Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., and
90 related regulations;
91 (ii) patient identifying information for purposes of 42 C.F.R. Part 2;
92 (iii) identifiable private information for purposes of the Federal Policy for the
93 Protection of Human Subjects, 45 C.F.R. Part 46;
94 (iv) identifiable private information or personal data collected as part of human
95 subjects research pursuant to or under the same standards as:
96 (A) the good clinical practice guidelines issued by the International Council for
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97 Harmonisation; or
98 (B) the Protection of Human Subjects under 21 C.F.R. Part 50 and Institutional
99 Review Boards under 21 C.F.R. Part 56;
100 (v) personal data used or shared in research conducted in accordance with one or
101 more of the requirements described in Subsection (2)(g)(iv);
102 (vi) information and documents created specifically for, and collected and maintained
103 by, a committee but not a board or council listed in [Section 26-1-7] Section
104 26B-1-204;
105 (vii) information and documents created for purposes of the federal Health Care
106 Quality Improvement Act of 1986, 42 U.S.C. Sec. 11101 et seq., and related
107 regulations;
108 (viii) patient safety work product for purposes of 42 C.F.R. Part 3; or
109 (ix) information that is:
110 (A) deidentified in accordance with the requirements for deidentification set forth
111 in 45 C.F.R. Part 164; and
112 (B) derived from any of the health care-related information listed in this
113 Subsection (2)(g);
114 (h) information originating from, and intermingled to be indistinguishable with,
115 information under Subsection (2)(g) that is maintained by:
116 (i) a health care facility or health care provider; or
117 (ii) a program or a qualified service organization as defined in 42 C.F.R. Sec. 2.11;
118 (i) information used only for public health activities and purposes as described in 45
119 C.F.R. Sec. 164.512;
120 (j) (i) an activity by:
121 (A) a consumer reporting agency, as defined in 15 U.S.C. Sec. 1681a;
122 (B) a furnisher of information, as set forth in 15 U.S.C. Sec. 1681s-2, who
123 provides information for use in a consumer report, as defined in 15 U.S.C. Sec.
124 1681a; or
125 (C) a user of a consumer report, as set forth in 15 U.S.C. Sec. 1681b;
126 (ii) subject to regulation under the federal Fair Credit Reporting Act, 15 U.S.C. Sec.
127 1681 et seq.; and
128 (iii) involving the collection, maintenance, disclosure, sale, communication, or use of
129 any personal data bearing on a consumer's:
130 (A) credit worthiness;
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131 (B) credit standing;
132 (C) credit capacity;
133 (D) character;
134 (E) general reputation;
135 (F) personal characteristics; or
136 (G) mode of living;
137 (k) a financial institution or an affiliate of a financial institution governed by, or personal
138 data collected, processed, sold, or disclosed in accordance with, Title V of the
139 Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., and related regulations;
140 (l) personal data collected, processed, sold, or disclosed in accordance with the federal
141 Driver's Privacy Protection Act of 1994, 18 U.S.C. Sec. 2721 et seq.;
142 (m) personal data regulated by the federal Family Education Rights and Privacy Act, 20
143 U.S.C. Sec. 1232g, and related regulations;
144 (n) personal data collected, processed, sold, or disclosed in accordance with the federal
145 Farm Credit Act of 1971, 12 U.S.C. Sec. 2001 et seq.;
146 (o) data that are processed or maintained:
147 (i) in the course of an individual applying to, being employed by, or acting as an
148 agent or independent contractor of a controller, processor, or third party, to the
149 extent the collection and use of the data are related to the individual's role;
150 (ii) as the emergency contact information of an individual described in Subsection
151 (2)(o)(i) and used for emergency contact purposes; or
152 (iii) to administer benefits for another individual relating to an individual described in
153 Subsection (2)(o)(i) and used for the purpose of administering the benefits;
154 (p) an individual's processing of personal data for purely personal or household
155 purposes; or
156 (q) an air carrier.
157 (3) A controller is in compliance with any obligation to obtain parental consent under this
158 chapter if the controller complies with the verifiable parental consent mechanisms under
159 the Children's Online Privacy Protection Act, 15 U.S.C. Sec. 6501 et seq., and the act's
160 implementing regulations and exemptions.
161 (4) This chapter does not require a person to take any action in conflict with the federal
162 Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et
163 seq., or related regulations.
164 Section 2. Section 15A-5-203 is amended to read:
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165 15A-5-203 . Amendments and additions to IFC related to fire safety, building,
166 and site requirements.
167 (1) For IFC, Chapter 5, Fire Service Features:
168 (a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
169 follows: "An authority having jurisdiction over a structure built in accordance with
170 the requirements of the International Residential Code as adopted in the State
171 Construction Code, may require an automatic fire sprinkler system for the structure
172 only by ordinance and only if any of the following conditions exist:
173 (i) the structure:
174 (A) is located in an urban-wildland interface area as provided in the Utah
175 Wildland Urban Interface Code adopted as a construction code under the State
176 Construction Code; and
177 (B) does not meet the requirements described in Utah Code, Subsection 65A-8-203
178 (4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
179 County Wildland Fire Ordinance;
180 (ii) the structure is in an area where a public water distribution system with fire
181 hydrants does not exist as required in Utah Administrative Code, R309-550-5,
182 Water Main Design;
183 (iii) the only fire apparatus access road has a grade greater than 10% for more than
184 500 continual feet;
185 (iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
186 exceeds 10,000 square feet; or
187 (v) the total floor area of all floor levels within the exterior walls of the dwelling unit
188 is double the average of the total floor area of all floor levels of unsprinkled
189 homes in the subdivision that are no larger than 10,000 square feet.
190 (vi) Exception: A single family dwelling does not require a fire sprinkler system if
191 the dwelling:
192 (A) is located outside the wildland urban interface;
193 (B) is built in a one-lot subdivision; and
194 (C) has 50 feet of defensible space on all sides that limits the propensity of fire
195 spreading from the dwelling to another property."
196 (b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
197 follows: "Where access to or within a structure or an area is restricted because of
198 secured openings or where immediate access is necessary for life-saving or
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199 fire-fighting purposes, the fire code official, after consultation with the building
200 owner, may require a key box to be installed in an approved location. The key box
201 shall contain keys to gain necessary access as required by the fire code official. For
202 each fire jurisdiction that has at least one building with a required key box, the fire
203 jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that
204 creates a process to ensure that each key to each key box is properly accounted for
205 and secure."
206 (c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is
207 added as follows: "Fire flow may be reduced for an isolated one- and two-family
208 dwelling when the authority having jurisdiction over the dwelling determines that the
209 development of a full fire-flow requirement is impractical."
210 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
211 "507.1.2 Pre-existing subdivision lots.
212 The requirements for a pre-existing subdivision lot shall not exceed the requirements
213 described in Section 501.5."
214 (e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One
215 interior and one detached accessory dwelling unit on a single residential lot."
216 (f) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in
217 new buildings, is amended by adding: "When required by the fire code official," at
218 the beginning of the first paragraph.
219 (2) For IFC, Chapter 6, Building Services and Systems:
220 (a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
221 follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key
222 box or similar box with corresponding key system that is adjacent to the elevator for
223 immediate use by the fire department. The key box shall contain one key for each
224 elevator, one key for lobby control, and any other keys necessary for emergency
225 service. The elevator key box shall be accessed using a 6049 numbered key."
226 (b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
227 the word "Code", add the words "and NFPA 96".
228 (c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
229 hood is not required for a cooking appliance in a microenterprise home kitchen, as
230 that term is defined in Utah Code, Section 26B-7-401, for which the operator obtains
231 a permit in accordance with [Utah Code, Title 26, Chapter 15c, Microenterprise
232 Home Kitchen Act] Section 26B-7-416."
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233 (3) For IFC, Chapter 7, Fire and Smoke Protection Features, IFC, Chapter 7, Section 705.2,
234 is amended to