Bill Summary – FastDemocracy

Enrolled Copy                                                                        S.B. 49
                                  AVIATION AMENDMENTS
                                      2020 GENERAL SESSION
                                          STATE OF UTAH
                              Chief Sponsor: Wayne A. Harper
                                  House Sponsor: Walt Brooks
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 LONG TITLE
 General Description:
        This bill modifies provisions related to aviation.
 Highlighted Provisions:
        This bill:
        < incorporates statewide amendments to the International Building Code relating to
 certain aircraft hangars;
        < provides for the Department of Transportation to regulate aerial corridor
 infrastructure;
        < establishes a procedure for an airport operator to take possession and dispose of an
 abandoned aircraft; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        15A-3-103, as last amended by Laws of Utah 2019, Chapter 20
        63A-2-101.5, as last amended by Laws of Utah 2019, Chapter 488
        72-1-102, as last amended by Laws of Utah 2019, Chapters 431 and 479
 ENACTS:
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         72-10-205.5, Utah Code Annotated 1953
30
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 15A-3-103 is amended to read:
         15A-3-103. Amendments to Chapters 4 through 6 of IBC.
         (1) IBC Section 403.5.5 is deleted.
         (2) In IBC, Section 407.2.5, the words "and assisted living facility" are added in the
 title and first sentence after the words "nursing home."
         (3) In IBC, Section 407.2.6, the words "and assisted living facility" are added in the
 title after the words "nursing home."
         (4) In IBC, Section 407.11, a new exception is added as follows: "Exception: An
 essential electrical system is not required in assisted living facilities."
         (5) In IBC, Section 412.3.1, a new exception is added as follows: "Exception: Aircraft
 hangars of Type I or II construction that are less than 5,000 square feet (464.5 m²) in area."
         [(5)] (6) A new IBC, Section 422.2.1 is added as follows: " 422.2.1 Separations:
 Ambulatory care facilities licensed by the Department of Health shall be separated from
 adjacent tenants with a fire partition having a minimum one hour fire-resistance rating. Any
 level below the level of exit discharge shall be separated from the level of exit discharge by a
 horizontal assembly having a minimum one hour fire-resistance rating.
 Exception: A fire barrier is not required to separate the level of exit discharge when:
 1. Such levels are under the control of the Ambulatory Care Facility.
 2. Any hazardous spaces are separated by horizontal assembly having a minimum one hour
 fire-resistance rating."
         [(6)] (7) A new IBC Section 429, Day Care, is added as follows:
 " 429.1 Detailed Requirements. In addition to the occupancy and construction requirements in
 this code, the additional provisions of this section shall apply to all Day Care in accordance
 with Utah Administrative Code R710-8 Day Care Rules.
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 429.2 Definitions.
 429.2.1 Authority Having Jurisdiction (AHJ): State Fire Marshal, his duly authorized deputies,
 or the local fire enforcement authority code official.
 429.2.2 Day Care Facility: Any building or structure occupied by clients of any age who
 receive custodial care for less than 24 hours by individuals other than parents, guardians,
 relatives by blood, marriage or adoption.
 429.2.3 Day Care Center: Providing care for five or more clients in a place other than the home
 of the person cared for. This would also include Child Care Centers, Out of School Time or
 Hourly Child Care Centers licensed by the Department of Health.
 429.2.4 Family Day Care: Providing care for clients listed in the following two groups:
 429.2.4.1 Type 1: Services provided for five to eight clients in a home. This would also
 include a home that is certified by the Department of Health as Residential Certificate Child
 Care or licensed as Family Child Care.
 429.2.4.2 Type 2: Services provided for nine to sixteen clients in a home with sufficient
 staffing. This would also include a home that is licensed by the Department of Health as
 Family Child Care.
 429.2.5 R710-8: Utah Administrative Code, R710-8, Day Care Rules, as enacted under the
 authority of the Utah Fire Prevention Board.
 429.3 Family Day Care.
 429.3.1 Family Day Care units shall have on each floor occupied by clients, two separate
 means of egress, arranged so that if one is blocked the other will be available.
 429.3.2 Family Day Care units that are located in the basement or on the second story shall be
 provided with two means of egress, one of which shall discharge directly to the outside.
 429.3.2.1 Residential Certificate Child Care and Licensed Family Child Care with five to eight
 clients in a home, located on the ground level or in a basement, may use an emergency escape
 or rescue window as allowed in IFC, Chapter 10, Section 1030.
 429.3.3 Family Day Care units shall not be located above the second story.
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 429.3.4 In Family Day Care units, clients under the age of two shall not be located above or
 below the first story.
 429.3.4.1 Clients under the age of two may be housed above or below the first story where
 there is at least one exit that leads directly to the outside and complies with IFC, Section 1011
 or Section 1012 or Section 1027.
 429.3.5 Family Day Care units located in split entry/split level type homes in which stairs to
 the lower level and upper level are equal or nearly equal, may have clients housed on both
 levels when approved by the AHJ.
 429.3.6 Family Day Care units shall have a portable fire extinguisher on each level occupied by
 clients, which shall have a classification of not less than 2A:10BC, and shall be serviced in
 accordance with NFPA, Standard 10, Standard for Portable Fire Extinguishers.
 429.3.7 Family Day Care units shall have single station smoke detectors in good operating
 condition on each level occupied by clients. Battery operated smoke detectors shall be
 permitted if the facility demonstrates testing, maintenance, and battery replacement to insure
 continued operation of the smoke detectors.
 429.3.8 Rooms in Family Day Care units that are provided for clients to sleep or nap, shall
 have at least one window or door approved for emergency escape.
 429.3.9 Fire drills shall be conducted in Family Day Care units quarterly and shall include the
 complete evacuation from the building of all clients and staff. At least annually, in Type I
 Family Day Care units, the fire drill shall include the actual evacuation using the escape or
 rescue window, if one is used as a substitute for one of the required means of egress.
 429.4 Day Care Centers.
 429.4.1 Day Care Centers shall comply with either I-4 requirements or E requirements of the
 IBC, whichever is applicable for the type of Day Care Center.
 429.4.2 Emergency Evacuation Drills shall be completed as required in IFC, Chapter 4, Section
 405.
 429.4.3 Location at grade. Group E child day care centers shall be located at the level of exit
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 discharge.
 429.4.3.1 Child day care spaces for children over the age of 24 months may be located on the
 second floor of buildings equipped with automatic fire protection throughout and an automatic
 fire alarm system.
 429.4.4 Egress. All Group E child day care spaces with an occupant load of more than 10 shall
 have a second means of egress. If the second means of egress is not an exit door leading
 directly to the exterior, the room shall have an emergency escape and rescue window
 complying with Section 1030.
 429.4.5 All Group E Child Day Care Centers shall comply with Utah Administrative Code,
 R430-100 Child Care Centers, R430-60 Hourly Child Care Centers, and R430-70 Out of
 School Time.
 429.5 Requirements for all Day Care.
 429.5.1 Heating equipment in spaces occupied by children shall be provided with partitions,
 screens, or other means to protect children from hot surfaces and open flames.
 429.5.2 A fire escape plan shall be completed and posted in a conspicuous place. All staff shall
 be trained on the fire escape plan and procedure."
        [(7)] (8) In IBC, Section 504.4, a new section is added as follows: "504.4.1
 Notwithstanding the exceptions to Section 504.2, Group I-2 Assisted Living Facilities shall be
 allowed on each level of a two-story building of Type V-A construction when all of the
 following apply:
 1. All secured units are located at the level of exit discharge in compliance with Section
 1010.1.9.3 as amended;
 2. The total combined area of both stories shall not exceed the total allowable area for a
 one-story building; and
 3. All other provisions that apply in Section 407 have been provided."
        [(8)] (9) In IBC, Section 504.4, a new section is added as follows: "504.4.2 Group I-2
 Assisted Living Facilities. Notwithstanding the allowable number of stories permitted by Table
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 504.4 Group I-2 Assisted Living Facilities of type VA, construction shall be allowed on each
 level of a two-story building when all of the following apply:
 1. The total combined area of both stories does not exceed the total allowable area for a
 one-story, above grade plane building equipped throughout with an automatic sprinkler system
 installed in accordance with Section 903.3.1.1.
 2. All other provisions that apply in Section 407 have been provided."
        [(9)] (10) A new IBC, Section 504.5, is added as follows: "504.5 Group 1-2 Secured
 areas in Assisted Living Facilities. In Type IIIB, IV, and V construction, all areas for the use
 and care of residents required to be secured shall be located on the level of exit discharge with
 door operations in compliance with Section 1010.1.9.7, as amended."
        Section 2. Section 63A-2-101.5 is amended to read:
        63A-2-101.5. Definitions.
        As used in this chapter:
        (1) "Division" means the Division of Purchasing and General Services created under
 Section 63A-2-101.
        (2) "Federal surplus property" means surplus property of the federal government of the
 United States.
        (3) "Information technology equipment" means equipment capable of downloading,
 accessing, manipulating, storing, or transferring electronic data, including:
        (a) a computer;
        (b) a smart phone, electronic tablet, personal digital assistant, or other portable
 electronic device;
        (c) a digital copier or multifunction printer;
        (d) a flash drive or other portable electronic data storage device;
        (e) a server; and
        (f) any other similar device.
        (4) "Person with a disability" means a person with a severe, chronic disability that:
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         (a) is attributable to a mental or physical impairment or a combination of mental and
 physical impairments; and
         (b) is likely to continue indefinitely.
         (5) "Property act" means the Federal Property and Administrative Services Act of
 1949, 40 U.S.C. Sec. 549.
         (6) "Purchasing director" means the director of the division appointed under Section
 63A-2-102.
         (7) "Smart phone" means an electronic device that combines a cell phone with a
 hand-held computer, typically offering Internet access, data storage, and text and email
 capabilities.
         (8) "State agency" means any executive branch department, division, or other agency of
 the state.
         (9) "State surplus property":
         (a) means state-owned property, whether acquired by purchase, seizure, donation, or
 otherwise:
         (i) that is no longer being used by the state or no longer usable by the state;
         (ii) that is out of date;
         (iii) that is damaged and cannot be repaired or cannot be repaired at a cost that is less
 than the property's value;
         (iv) whose useful life span has expired; or
         (v) that the state agency possessing the property determines is not required to meet the
 needs or responsibilities of the state agency;
         (b) includes:
         (i) a motor vehicle;
         (ii) equipment;
         (iii) furniture;
         (iv) information technology equipment; [and]
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        (v) a supply; and
        (vi) an aircraft; and
        (c) does not include:
        (i) real property;
        (ii) an asset of the School and Institutional Trust Lands Administration, established in
 Section 53C-1-201;
        (iii) a firearm or ammunition; or
        (iv) an office or household item made of aluminum, paper, plastic, cardboard, or other
 recyclable material, without any meaningful value except for recycling purposes.
        (10) "State surplus property contractor" means a person in the private sector under
 contract with the state to provide one or more services related to the division's program for the
 management and disposition of state surplus property.
        (11) "Surplus property program" means the program relating to state surplus property
 under Part 4, Surplus Property Service.
        (12) "Surplus property program administrator" means:
        (a) the purchasing director, if the purchasing director administers the surplus property
 program; or
        (b) the state surplus property contractor, if the state surplus property contractor
 administers the surplus property program.
        Section 3. Section 72-1-102 is amended to read:
        72-1-102. Definitions.
        As used in this title:
        (1) "Commission" means the Transportation Commission created under Section
 72-1-301.
        (2) "Construction" means the construction, reconstruction, replacement, and
 improvement of the highways, including the acquisition of rights-of-way and material sites.
        (3) "Department" means the Department of Transportation created in Section 72-1-201.
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         (4) "Executive director" means the executive director of the department appointed
 under Section 72-1-202.
         (5) "Farm tractor" has the meaning set forth in Section 41-1a-102.
         (6) "Federal aid primary highway" means that portion of connected main highways
 located within this state officially designated by the department and approved by the United
 States Secretary of Transportation under Title 23, Highways, U.S.C.
         (7) "Highway" means any public road, street, alley, lane, court, place, viaduct, tunnel,
 culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the
 public, or made public in an action for the partition of real property, including the entire area
 within the right-of-way.
         (8) "Highway authority" means the department or the legislative, executive, or
 governing body of a county or municipality.
         (9) "Implement of husbandry" has the meaning set forth in Section 41-1a-102.
         (10) "Interstate system" means any highway officially designated by the department
 and included as part of the national interstate and defense highways, as provided in the Federal
 Aid Highway Act of 1956 and any supplemental acts or amendments.
         (11) "Limited-access facility" means a highway especially designated for through
 traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other
 persons have any right or easement, or have only a limited right or easement of access, light,
 air, or view.
         (12) "Motor vehicle" has the same meaning set forth in Section 41-1a-102.
         (13) "Municipality" has the same meaning set forth in Section 10-1-104.
         (14) "National highway systems highways" means that portion of connected main
 highways located within this state officially designated by the department and approved by the
 United States Secretary of Transportation under Title 23, Highways, U.S.C.
         (15) (a) "Port-of-entry" means a fixed or temporary facility constru