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2019 Utah Code
Title 17 - Counties
Chapter 36 - Uniform Fiscal Procedures Act for Counties
Section 55 - Fees collected for construction approval -- Approval of plans.
Universal Citation: UT Code § 17-36-55 (2019)
Effective 7/1/2019
17-36-55. Fees collected for construction approval -- Approval of plans.
Amended by Chapter 20, 2019 General Session
17-36-55. Fees collected for construction approval -- Approval of plans.
- (1) As used in this section:
- (a) "Construction project" means the same as that term is defined in Section 38-1a-102.
- (b) "Lodging establishment" means a place providing temporary sleeping accommodations to the public, including any of the following:
- (i) a bed and breakfast establishment;
- (ii) a boarding house;
- (iii) dormitory;
- (iv) a hotel;
- (v) an inn;
- (vi) a lodging house;
- (vii) a motel;
- (viii) a resort; or
- (ix) a rooming house.
- (c) "Planning review" means a review to verify that a county has approved the following elements of a construction project:
- (i) zoning;
- (ii) lot sizes;
- (iii) setbacks;
- (iv) easements;
- (v) curb and gutter elevations;
- (vi) grades and slopes;
- (vii) utilities;
- (viii) street names;
- (ix) defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and
- (x) subdivision.
- (d)
- (i) "Plan review" means all of the reviews and approvals of a plan that a county requires to obtain a building permit from the county with a scope that may not exceed a review to verify:
- (A) that the construction project complies with the provisions of the State Construction Code under Title 15A, State Construction and Fire Codes Act;
- (B) that the construction project complies with the energy code adopted under Section 15A-2-103;
- (C) that the construction project received a planning review;
- (D) that the applicant paid any required fees;
- (E) that the applicant obtained final approvals from any other required reviewing agencies;
- (F) that the construction project complies with federal, state, and local storm water protection laws;
- (G) that the construction project received a structural review; and
- (H) the total square footage for each building level of finished, garage, and unfinished space.
- (ii) "Plan review" does not mean a review of a document:
- (A) required to be re-submitted for additional modifications or substantive changes identified by the plan review;
- (B) submitted as part of a deferred submittal when requested by the applicant and approved by the building official; or
- (C) that, due to the document's technical nature or on the request of the applicant, is reviewed by a third party.
- (i) "Plan review" means all of the reviews and approvals of a plan that a county requires to obtain a building permit from the county with a scope that may not exceed a review to verify:
- (e) "State Construction Code" means the same as that term is defined in Section 15A-1-102.
- (f) "State Fire Code" means the same as that term is defined in Section 15A-1-102.
- (g) "Structural review" means:
- (i) a review that verifies that a construction project complies with the following:
- (A) footing size and bar placement;
- (B) foundation thickness and bar placement;
- (C) beam and header sizes;
- (D) nailing patterns;
- (E) bearing points;
- (F) structural member size and span; and
- (G) sheathing; or
- (ii) if the review exceeds the scope of the review described in Subsection (1)(g)(i), a review that a licensed engineer conducts.
- (i) a review that verifies that a construction project complies with the following:
- (h) "Technical nature" means a characteristic that places an item outside the training and expertise of an individual who regularly performs plan reviews.
- (2)
- (a) If a county collects a fee for the inspection of a construction project, the county shall ensure that the construction project receives a prompt inspection.
- (b) If a county cannot provide a building inspection within three business days, the county shall promptly engage an independent inspector with fees collected from the applicant.
- (c) If an inspector identifies one or more violations of the State Construction Code or State Fire Code during an inspection, on the day on which the inspection occurs, the inspector shall give the permit holder written notification of each violation that:
- (i) is delivered in hardcopy or by electronic means; and
- (ii) upon request by the permit holder, includes a reference to each applicable provision of the State Construction Code or State Fire Code.
- (3)
- (a) A county shall complete a plan review of a construction project for a one to two family dwelling or townhome by no later than 14 business days after the day on which the plan is submitted to the county.
- (b) A county shall complete a plan review of a construction project for a residential structure built under the International Building Code, not including a lodging establishment, by no later than 21 business days after the day on which the plan is submitted to the county.
- (c)
- (i) Subject to Subsection (3)(c)(ii), if a county does not complete a plan review before the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the county complete the plan review.
- (ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform the plan review no later than:
- (A) for a plan review described in Subsection (3)(a), 14 days from the day on which the applicant makes the request; or
- (B) for a plan review described in Subsection (3)(b), 21 days from the day on which the applicant makes the request.
- (d) An applicant may:
- (i) waive the plan review time requirements described in this Subsection (3); or
- (ii) with the county's consent, establish an alternative plan review time requirement.
- (4)
- (a) A county may not enforce a requirement to have a plan review if:
- (i) the county does not complete the plan review within the time period described in Subsection (3)(a) or (b); and
- (ii) a licensed architect or structural engineer, or both when required by law, stamps the plan.
- (b) A county may attach to a reviewed plan a list that includes:
- (i) items with which the county is concerned and may enforce during construction; and
- (ii) building code violations found in the plan.
- (c) A county may not require an applicant to redraft a plan if the county requests minor changes to the plan that the list described in Subsection (4)(b) identifies.
- (a) A county may not enforce a requirement to have a plan review if:
- (5) An applicant shall ensure that each construction project plan submitted for a plan review under this section has a statement indicating that actual construction will comply with applicable local ordinances and building codes.
Amended by Chapter 20, 2019 General Session
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