(1) By no later than July 1, 2024, the Division of Facilities Construction and Management shall maintain a list of third party inspection agencies that have been approved by the Division of Facilities Construction and Management to conduct:

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Terms Used In Utah Code 15A-1-307

  • Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
  • Code: means :
         (5)(a) the State Construction Code; or
         (5)(b) an approved code. See Utah Code 15A-1-202
  • Construction code: means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection 15A-1-204(1), including:
         (8)(a) a building code;
         (8)(b) an electrical code;
         (8)(c) a residential one and two family dwelling code;
         (8)(d) a plumbing code;
         (8)(e) a mechanical code;
         (8)(f) a fuel gas code;
         (8)(g) an energy conservation code;
         (8)(h) a swimming pool and spa code;
         (8)(i) a manufactured housing installation standard code; and
         (8)(j) Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, except as specifically modified by provisions of this title governing modular units. See Utah Code 15A-1-202
  • Construction documents: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Modular manufacturer: means the entity responsible for manufacturing a panelized system or module. See Utah Code 15A-1-302
  • Module: means a three-dimensional, volumetric section of a modular building unit designed and approved to be transported as a single section, independent of other sections, to a location for onsite construction. See Utah Code 15A-1-302
  • Offsite construction: means a modular building unit that:
         (14)(a) is designed and constructed in compliance with this part;
         (14)(b) is wholly or in substantial part fabricated in a manufacturing plant for installation at an onsite location; and
         (14)(c) has been manufactured in such a manner that all parts or processes cannot be inspected at the end site location without disassembly, potentially resulting in damage or destruction to the modular building unit. See Utah Code 15A-1-302
  • Panelized system: means a closed wall, roof, or floor component that is constructed at a manufacturing plant or by a modular manufacturer in a manner that prevents the construction from being fully inspected at an onsite location without disassembly, damage, or destruction. See Utah Code 15A-1-302
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State Construction Code: means the State Construction Code adopted by:
         (3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
  • Third party inspection agency: means an entity approved by the Division of Facilities Construction and Management to be qualified to inspect a module or panelized system for compliance with the construction documents, compliance control, and applicable code. See Utah Code 15A-1-302
  • Third party inspector: means a person who:
         (19)(a) is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;
         (19)(b) works under the direction of a third party inspection agency;
         (19)(c) has been licensed by the division under Section 15A-1-307; and
         (19)(d) is approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section 15A-1-307. See Utah Code 15A-1-302
  • Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
     (1)(a) review of construction documents; and
     (1)(b) an inspection of a module or panelized system.
(2) An approved third party inspection agency:

     (2)(a) shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules;
     (2)(b) shall be independent in judgment and not have any actual or potential conflict of interest;
     (2)(c) is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias;
     (2)(d) shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; and
     (2)(e) shall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended.
(3) An approved third party inspector:

     (3)(a) shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules;
     (3)(b) shall be independent in judgment and not have any actual or potential conflict of interest;
     (3)(c) is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias;
     (3)(d) shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; and
     (3)(e) shall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended.
(4) A third party inspector at an approved third party agency shall:

     (4)(a) be licensed and certified as a combination building inspector under Title 58, Occupations and Professions;
     (4)(b) meet the requirements for a third party inspector under the Modular Building Institute Standard 1205, Chapter 4; and
     (4)(c) be knowledgeable regarding the construction and installation of modular units.
(5)

     (5)(a) A modular manufacturer shall contract with one or more third party agencies or third party inspectors to perform offsite construction documents review and inspection.
     (5)(b) A contract described in Subsection (5)(a) does not constitute an actual or implied conflict of interest.
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