2006 Utah 58-56-4 — Definitions -- Adoption of building codes -- Amendments -- Approval of other codes -- Exemptions.

     58-56-4.   Definitions -- Adoption of building codes -- Amendments -- Approval of other codes -- Exemptions.
     (1) As used in this section:
     (a) "agricultural use" means a use that relates to the tilling of soil and raising of crops, or keeping or raising domestic animals;
     (b) "not for human occupancy" means use of a structure for purposes other than protection or comfort of human beings, but allows people to enter the structure for:
     (i) maintenance and repair; and
     (ii) the care of livestock, crops, or equipment intended for agricultural use which are kept there; and
     (c) "residential area" means land that is not used for an agricultural use and is:
     (i) (A) within the boundaries of a city or town; and
     (B) less than five contiguous acres;
     (ii) (A) within a subdivision for which the county has approved a subdivision plat under Title 17, Chapter 27a, Part 6, Subdivisions; and
     (B) less than two contiguous acres; or
     (iii) not located in whole or in part in an agricultural protection area created under Title 17, Chapter 41, Agriculture Protection Area.
     (2) (a) Subject to the provisions of Subsections (4) and (5), the following codes, each of which must be promulgated by a nationally recognized code authority, shall be adopted, in the manner described in Subsection (2)(b), as the construction codes which the state and each political subdivision of the state shall follow in the circumstances described in Subsection (3):
     (i) a building code;
     (ii) the National Electrical Code promulgated by the National Fire Protection Association;
     (iii) a residential one and two family dwelling code;
     (iv) a plumbing code;
     (v) a mechanical code;
     (vi) a fuel gas code;
     (vii) an energy conservation code; and
     (viii) a manufactured housing installation standard code.
     (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the division, in collaboration with the commission, shall adopt by rule specific editions of the codes described in Subsection (2)(a), and may adopt by rule successor editions of any adopted code.
     (c) The division, in collaboration with the commission, may, in accordance with Section 58-56-7, adopt amendments to the codes adopted under Subsection (2)(a), to be applicable to the entire state or within one or more political subdivisions.
     (3) Subject to the provisions of Subsections (4) and (5), the codes and amendments adopted under Subsection (2) shall be followed when:
     (a) new construction is involved;
     (b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
     (i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation, conservation, or reconstruction of the building; or
     (ii) changing the character or use of the building in a manner which increases the occupancy loads, other demands, or safety risks of the building.

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     (4) (a) The division, in collaboration with the commission, has discretion to approve, without adopting, certain codes in addition to those described in Subsection (2)(a), including specific editions of the codes, for use by a compliance agency.
     (b) If the applicable code is one which the division has approved under Subsection (4)(a), a compliance agency has the discretion to:
     (i) adopt an ordinance requiring removal, demolition, or repair of a building, according to a code;
     (ii) adopt, by ordinance or rule, a dangerous building code; or
     (iii) adopt, by ordinance or rule, a building rehabilitation code.
     (5) (a) Except in a residential area, a structure used solely in conjunction with agriculture use, and not for human occupancy, is exempted from the permit requirements of any code adopted by the division.
     (b) Notwithstanding Subsection (5)(a), unless otherwise exempted, plumbing, electrical, and mechanical permits may be required when that work is included in the structure.

Amended by Chapter 254, 2005 General Session