Terms Used In Utah Code 15A-5-202

• AHJ: means "authority having jurisdiction" which is:
       (2)(a) the State Fire Marshal;
       (2)(b) an authorized deputy of the State Fire Marshal; or
       (2)(c) the local fire enforcement authority. See Utah Code 15A-5-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Dwelling unit: includes a hotel room, dormitory room, apartment, condominium, sleeping room in a nursing home, or similar living unit. See Utah Code 15A-5-102
• IFC: means the edition of the International Fire Code adopted under Section 15A-5-103. See Utah Code 15A-5-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102

     “102.5 Application of residential code.

     If a structure is designed and constructed in accordance with the International Residential Code, the provisions of this code apply only as follows:

     1. The construction and design provisions of this code apply only to premises identification, fire apparatus access, fire hydrants and water supplies, and construction permits required by Section 105.7.

     2. This code does not supersede the land use, subdivision, or development standards established by a local jurisdiction.

     3. The administrative, operational, and maintenance provisions of this code apply.”

     “102.9 Matters not provided for.

     Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the fire code official on an emergency basis if:

(a) the facts known to the fire code official show that an immediate and significant danger to the public health, safety, or welfare exists; and

(b) the threat requires immediate action by the fire code official.

     102.9.1 Limitation of emergency order.

     In issuing its emergency order, the fire code official shall:

(a) limit the order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare; and

(b) give immediate notice to the persons who are required to comply with the order, that includes a brief statement of the reasons for the fire code official’s order.

     101.9.2 Right to appeal emergency order.

     If the emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the party shall have a right to appeal the fire code official’s order in accordance with IFC, Chapter 1, Section 109.”

     “Fire sprinkler system layout shall be prepared and submitted by a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Water-Based System Layout. Fire alarm system layout shall be prepared and submitted by a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Fire Alarm Systems.”

     “3. For development regulated by a local jurisdiction’s land use authority, the fire code official’s interpretation of this code is subject to the advisory opinion process described in Utah Code, Section 13-43-205, and to a land use appeal authority appointed under Utah Code, Section 10-9a-701 or 17-27a-701.”

     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:

     A. Physically disabled but able to direct his or her own care; or

     B. 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.

     Subcategories are:

     ASSISTED LIVING FACILITY, LIMITED CAPACITY: A Type I or Type II assisted living facility having two to five residents.

     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.”

     “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.

     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.

     Four or Fewer Children. A facility having four or fewer children receiving such day care shall be classified as part of the primary occupancy.

     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.

     Child Day Care – Residential Child Care Certificate or a License. Areas used for 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 the International Building Code, Sections 310.3 and 310.4, or shall comply with the International Residential Code, Section R101.2.

     Child Care Centers. Each of the following areas may be classified as accessory occupancies, if the area complies with the International Building Code, 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.”

     “Institutional Group I-2. Institutional Group I-2 occupancy shall include buildings 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.”

     “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.”

     “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 the International Building Code, Section 429 for special requirements for Day Care.

     Four or Fewer Persons Receiving Care. A facility having four or fewer persons receiving custodial care shall be classified as part of the primary occupancy. See the International Building Code, Section 429, for special requirements for Day Care.

     Four or Fewer Persons Receiving Care in a Dwelling Unit. A facility such as the above within a dwelling unit and having four or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. See the International Building Code, Section 429, for special requirements for Day Care.”

     “Residential Group R-3. Residential Group R-3 occupancies and single family dwellings complying with the International Residential Code where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, or I occupancies, 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”

     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 under the authority of Utah Code, Title 26B, Chapter 2, Part 4, Child Care Licensing, and in any of the following categories:

     1.1. Utah Administrative Code, R430-50, Residential Certificate Child Care; or

     1.2. Utah Administrative Code, R430-90, Licensed Family Child Care; and

     1.3 Compliance with all zoning regulations of the local regulator.”

     “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.”

     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.”