Bill Summary – FastDemocracy

Enrolled Copy                                                                   H.B. 64
          STATE CONSTRUCTION AND FIRE CODES AMENDMENTS
                                     2024 GENERAL SESSION
                                          STATE OF UTAH
                            Chief Sponsor: Thomas W. Peterson
                              Senate Sponsor: Curtis S. Bramble
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 LONG TITLE
 General Description:
       This bill modifies the State Construction Code and the State Fire Code.
 Highlighted Provisions:
       This bill:
       < amends the statewide amendments to the International Building Code;
       < amends the statewide amendments to the International Residential Code;
       < amends the statewide amendments to the International Mechanical Code;
       < amends the statewide amendments to the National Electrical Code;
       < amends the statewide amendments to the International Existing Building Code;
       < adopts the 2024 edition of the Liquefied Petroleum Gas Code; and
       < amends statewide amendments to the International Fire Code.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
       15A-3-102, as last amended by Laws of Utah 2023, Chapters 209, 327
       15A-3-113, as last amended by Laws of Utah 2021, Chapter 199
       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
       H.B. 64                                                                        Enrolled Copy
        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-3-402, as last amended by Laws of Utah 2023, Chapter 209
        15A-3-601, 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
        15A-5-202, as last amended by Laws of Utah 2023, Chapters 95, 327
        15A-5-203, as last amended by Laws of Utah 2023, Chapters 95, 327
        63I-2-215, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
39
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 15A-3-102 is amended to read:
        15A-3-102. Amendments to Chapters 1 through 3 of IBC.
        (1) IBC, Section 106, is deleted.
        (2) In IBC, Section 110, a new section is added as follows: " 110.3.13,
 Weather-resistant exterior wall envelope. An inspection shall be made of the weather-resistant
 exterior wall envelope as required by Section 1404.2, and flashing as required by Section
 1404.4 to prevent water from entering the weather-resistive barrier."
        (3) IBC, Section 115.1, is deleted and replaced with the following: "115.1 Authority.
 Whenever the building official finds any work regulated by this code being performed in a
 manner either contrary to the provisions of this code or other pertinent laws or ordinances or is
 dangerous or unsafe, the building official is authorized to stop work."
        (4) In IBC, Section 202, the following definition is added for Ambulatory Surgical
 Center: "AMBULATORY SURGICAL CENTER. A building or portion of a building licensed
 by the Department of Health and Human Services where procedures are performed that may
 render patients incapable of self preservation where care is less than 24 hours. See Utah
 Administrative Code R432-13."
        (5) In IBC, Section 202, the definition for "Approved" is modified by adding the words
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       Enrolled Copy                                                                              H.B. 64
 "or independent third-party licensed engineer or architect and submitted to the building
 official" after the word "official."
         (6) In IBC, Section 202, the definition for "Approved Agency" is modified by deleting
 the words "where such agency has been approved by the building official."
         (7) In IBC, Section 202, the definition for "Approved Fabricator" is modified by adding
 the words "or approved by the state of Utah or a licensed engineer" after the word "code."
         (8) In IBC, Section 202, the definition for "Approved Source" is modified by adding
 the words "or licensed engineer" after the word "official."
         (9) In IBC, Section 202, the following definition is added for Assisted Living Facility,
 Residential Treatment and Support: "ASSISTED LIVING FACILITY, RESIDENTIAL
 TREATMENT AND SUPPORT. A residential facility that provides a group living
 environment for four or more residents licensed by the Department of Health and Human
 Services and provides a protected living arrangement for ambulatory, non-restrained persons
 who are capable of achieving mobility sufficient to exit the facility without the physical
 assistance of another person.
         ASSISTED LIVING FACILITY, TYPE I. A residential facility licensed by the
 Department of Health and Human Services that provides a protected living arrangement,
 assistance with activities of daily living, and social care to two or more ambulatory,
 non-restrained persons who are capable of mobility sufficient to exit the facility without the
 assistance of another person.
         ASSISTED LIVING FACILITY, TYPE II. A residential facility licensed by the
 Department of Health and Human Services that provides an array of coordinated supportive
 personal and health care services to two or more residents who are:
         (i) Physically disabled but able to direct his or her own care; or
         (ii) Cognitively impaired or physically disabled but able to evacuate from the facility,
 or to a zone or area of safety, with the physical assistance of one person.
         ASSISTED LIVING FACILITY, LIMITED CAPACITY. A Type I or Type II assisted
 living facility having two to five residents.
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        H.B. 64                                                                         Enrolled Copy
        ASSISTED LIVING FACILITY, SMALL. A Type I or Type II assisted living facility
 having six to sixteen residents.
        ASSISTED LIVING FACILITY, LARGE. A Type I or Type II assisted living facility
 having more than sixteen residents."
        (10) In IBC, Section 202, the following definition is added for Child Care Facility:
 "CHILD CARE FACILITY. A facility where care and supervision is provided for four or more
 children for less than 24 hours a day and for direct or indirect compensation in place of care
 ordinarily provided in their home."
        (11) In IBC, Section 202, the definition for " [A] Record Drawings" is modified by
 deleting the words "a fire alarm system" and replacing them with "any fire protection system."
        (12) In IBC, Section 304.1, the words "and technical colleges who also educate high
 school students as part of their student body" are added after the words "Educational
 occupancies for students above the 12th grade including higher education laboratories."
        [(12)] (13) In IBC, Section 305, Sections 305.2 through 305.2.3 are deleted and
 replaced with the following:
        "305.2 Group E, child care facilities. This group includes buildings and structures or
 portions thereof occupied by four or more children 2 years of age or older who receive
 educational, supervision, child care services or personal care services for fewer than 24 hours
 per day. See Section 429 Day Care, for special requirements for day care.
        305.2.1 Within places of religious worship. Rooms and spaces within places of
 religious worship providing such day care during religious functions shall be classified as part
 of the primary occupancy.
        305.2.2 Four or fewer children. A facility having four or fewer children receiving such
 day care shall be classified as part of the primary occupancy.
        305.2.3 Four or fewer children in a dwelling unit. A facility such as the above within a
 dwelling unit and having four or fewer children receiving such day care shall be classified as a
 Group R-3 occupancy or shall comply with the International Residential Code.
        305.2.4 Child day care -- residential child care certificate or a license. Areas used for
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        Enrolled Copy                                                                               H.B. 64
 child day care purposes with a residential child care certificate, as described in Utah
 Administrative Code, R430-50, Residential Certificate Child Care, or a residential child care
 license, as described in Utah Administrative Code, R430-90, Licensed Family Child Care, may
 be located in a Group R-2 or R-3 occupancy as provided in Sections 310.3 and 310.4 or shall
 comply with the International Residential Code in accordance with Section R101.2.
         305.2.5 Child care centers. Each of the following areas may be classified as accessory
 occupancies, if the area complies with Section 508.2:
         1. Hourly child care center, as described in Utah Administrative Code, R381-60 Hourly
 Child Care Centers;
         2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care
 Centers;
         3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70,
 Out of School Time Child Care Programs; and
         4. Commercial preschools, as described in Utah Administrative Code, R381-40,
 Commercial Preschool Programs."
         [(13)] (14) In IBC, Table 307.1(1), footnote "d" is added to the row for Explosives,
 Division 1.4G in the column titled STORAGE - Solid Pounds (cubic feet).
         [(14)] (15) In IBC, Section 308.2, in the list of items under "This group shall include,"
 the words "Type-I Large and Type-II Small, see Section 308.2.5" are added after "Assisted
 living facilities."
         [(15)] (16) In IBC, Section 308.2.4, all of the words after the first International
 Residential Code are deleted.
         [(16)] (17) A new IBC, Section 308.2.5, is added as follows:
         "308.2.5 Assisted living facilities. A Type I, Large assisted living facility is classified as
 occupancy Group I-1, Condition 1. A Type II, Small assisted living facility is classified as
 occupancy Group I-1, Condition 2. See Section 202 for definitions."
         [(17)] (18) IBC, Section 308.3, is deleted and replaced with the following:
         "308.3 Institutional Group I-2. Institutional Group I-2 occupancy shall include buildings
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        H.B. 64                                                                          Enrolled Copy
 and structures used for medical care on a 24-hour basis for more than four persons who are
 incapable of self-preservation. This group shall include, but not be limited to the following:
        Assisted living facilities, Type-II Large, see Section 308.3.3
        Child care facilities
        Foster care facilities
        Detoxification facilities
        Hospitals
        Nursing homes (both intermediate care facilities and skilled nursing facilities)
        Psychiatric hospitals"
        [(18)] (19) In IBC, Section 308.3.2, the number "five" is deleted and replaced with the
 number "four" in each location.
        [(19)] (20) A new IBC, Section 308.3.3, is added as follows:
        "308.3.3 Assisted living facilities. A Type-II, Large assisted living facility is classified
 as occupancy Group I-2, Condition 1. See Section 202 for definitions."
        [(20)] (21) In IBC, Section 308.5, the words "more than five" are deleted and replaced
 with the words "five or more in each location."
        [(21)] (22) IBC, Section 308.5.1, is deleted and replaced with the following:
        "308.5.1 Classification as Group E. A child day care facility that provides care for five
 or more but not more than 100 children under two years of age, where the rooms in which the
 children are cared for are located on a level of exit discharge serving such rooms and each of
 these child care rooms has an exit door directly to the exterior, shall be classified as a Group E.
 See Section 429 for special requirements for Day Care."
        [(22)] (23) In IBC, Sections 308.5.3 and 308.5.4, the words "five or fewer" are deleted
 and replaced with the words "four or fewer" in each location and the following sentence is
 added at the end: "See Section 429 for special requirements for Day Care."
        [(23)] (24) IBC, Section 310.4, is deleted and replaced with the following:
        "310.4 Residential Group R-3. Residential Group R-3 occupancies and single family
 dwellings complying with the International Residential Code where the occupants are primarily
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       Enrolled Copy                                                                              H.B. 64
 permanent in nature and not classified as Group R-1, R-2, R-4 or I, including:
        Assisted Living Facilities, Type-I, limited capacity, see Section 310.5.3
        Buildings that do not contain more than two dwellings
        Care facilities, other than child care, that provide accommodations for five or fewer
 persons receiving care
        Congregate living facilities (nontransient) with 16 or fewer occupants
        Boarding houses (nontransient)
        Convents
        Dormitories
        Fraternities and sororities
        Monasteries
        Congregate living facilities (transient) with 10 or fewer occupants
        Boarding houses (transient)
        Lodging houses (transient) with five or fewer guest rooms and 10 or fewer occupants"
        [(24)] (25) IBC, Section 310.4.1, is deleted and replaced with the following:
        "310.4.1 Care facilities within a dwelling. Care facilities, other than child care, for five
 or fewer persons receiving care that are within a single family dwelling are permitted to comply
 with the International Residential Code. See Section 429 for special requirements for Child
 Day Care."
        [(25)] (26) A new IBC Section 310.4.3 is added as follows: " 310.4.3 Child Care.
 Areas used for child care purposes may be located in a residential dwelling unit under all of the
 following conditions and Section 429:
        1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted
 under the authority of the Utah Fire Prevention Board.
        2. Use is approved by the Department of Health and Human Services, as enacted under
 the authority of the Utah Code, Title 26B, Chapter 2, Part 4, Child Care Licensing, and in any
 of the following categories:
        a. Utah Administrative Code, R430-50, Residential Certificate Child Care.
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        H.B. 64                                                                            Enrolled Copy
         b. Utah Administrative Code, R430-90, Licensed Family Child Care.
         3. Compliance with all zoning regulations of the local regulator."
         [(26)] (27) A new IBC, Section 310.4.4, is added as follows: "310.4.4 Assisted living
 facilities. Type I assisted living facilities with two to five residents are Limited Capacity
 facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the
 International Residential Code. See Section 202 for definitions."
         [(27)] (28) In IBC, Section 310.5, the words "Type II Limited Capacity and Type I
 Small, see Section 310.5.3" are added after the words "assisted living facilities."
         [(28)] (29) A new IBC, Section 310.5.3, is added as follows: "310.5.3 Group R-4
 Assisted living facility occupancy groups. The following occupancy groups shall apply to
 Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are
 Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type
 I assisted living facilities with six to sixteen residents are Small Facilities classified as
 Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions."
         Section 2. Section 15A-3-113 is amended to read:
         15A-3-113. Amendments to Chapters 32 through 35 of IBC.
         [(1) In IBC, Chapter 35, the referenced standard for NFPA 70-17 is deleted and
 replaced with NFPA 70-20.]
         [(2)] (1) In IBC, Chapter 35, the referenced standard "ICC A117.1-17: Accessible and
 Usable Buildings and Facilities" is deleted and replaced with "ICC A117.1-09: Accessible and
 Usable Buildings and Facilities."
         (2) In IBC, Chapter 35, the referenced standard ICCA117.1-09, Section 606.2,
 Exception 1, is modified to include the following sentence at the end of the exception:
         "The minimum clear floor space shall be centered on the sink assembly."
         Section 3. 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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        Enrolled Copy                                                                               H.