Modular unit construction, installation, issuance of permits for construction or installation, and setup shall be in accordance with the following:

(1) Construction, installation, and setup of a modular unit, module, or panelized system shall be in accordance with the State Construction Code.

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Terms Used In Utah Code 15A-1-304

  • 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
  • Decal: means a form of certification, created by the Division of Facilities Construction and Management and issued by a third party inspection agency, to be permanently attached to a module, panelized system, or modular building unit indicating that the module, panelized system, or modular building unit has been constructed to meet or exceed applicable building code requirements. See Utah Code 15A-1-302
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Local regulator: means the same as that term is defined in Section 15A-1-202. See Utah Code 15A-1-302
  • modular building unit: means a structure:
         (12)(a) constructed from one or more modules or panelized systems that is manufactured in accordance with the State Construction Code and transported to a location;
         (12)(b) the purpose of which is for human habitation, occupancy, or use; and
         (12)(c) is not a factory-built house, manufactured home, or mobile home. 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
  • Onsite construction: means :
         (15)(a) the preparation of a location where a modular building unit will be installed, including preparation of site foundation, construction of any necessary supporting structure, and preparation to connect the modular building unit to necessary utilities; and
         (15)(b) assembly and installation of one or more modules or panelized systems in accordance with construction documents into a modular building unit, including completion of any site-related construction and connecting the modular building unit to necessary utilities. See Utah Code 15A-1-302
  • Opinion: means a written, nonbinding, and advisory statement issued by the commission concerning an interpretation of the meaning of the codes or the application of the codes in a specific circumstance issued in response to a specific request by a party to the issue. See Utah Code 15A-1-202
  • 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;
(2) A local regulator has the responsibility and exclusive authority to:

     (2)(a) review and approve the elements of construction documents related to onsite construction;
     (2)(b) issue a permit for construction of a modular building unit or a modular building unit site modification;
     (2)(c) perform an inspection of onsite construction of a modular building unit or modular building unit site modification;
     (2)(d) verify that a module or panelized system is installed in accordance with:

          (2)(d)(i) the modular unit’s construction documents;
          (2)(d)(ii) the State Construction Code; and
          (2)(d)(iii) applicable state and local requirements;
     (2)(e) verify that a decal has been permanently affixed to a modular building unit;
     (2)(f) subject to Subsection (3), establish and assess fees related to the construction and installation of modular units;
     (2)(g) upon discovery of visible damage to a module or panelized system, or discovery of evidence that would cause a reasonable inspector to believe that a modular building unit may not be in compliance with the State Construction Code or construction documents:

          (2)(g)(i) inform the Division of Facilities Construction and Management; and
          (2)(g)(ii) proceed in accordance with the guidance in Modular Building Institute Standards 1200 and 1205;
     (2)(h) approve any proposed alteration or change to a set of construction documents so long as the alteration or change complies with the requirements of this chapter;
     (2)(i) inspect any alteration to a modular unit or panelized system that occurred after installation;
     (2)(j) notwithstanding any other provision of state law, the construction code and standards, agency rule, or local ordinance:

          (2)(j)(i) prevent the use or occupancy of a modular building unit that, in the opinion of the local regulator, contains a serious defect or presents an imminent safety hazard; and
          (2)(j)(ii) report the prevention of use or occupancy of a modular building unit to the Division of Facilities Construction and Management and the division; and
     (2)(k) perform all other duties and responsibilities set forth in the Modular Building Institute Standards 1200 and 1205 not otherwise listed in this section.
(3) Fees related to the construction and installation of modular building units may include building permit fees, inspection fees, impact fees, and administrative fees.
(4)

     (4)(a) In addition to any immunity and protections set forth in the Utah Governmental Immunity Act, a municipality shall not be liable for a claim arising solely from the offsite construction of a module, panelized system, or modular building unit.
     (4)(b) A local regulator may provide written notice with the certificate of occupancy that explains the municipality’s limitations of liability pursuant to this section and the Utah Governmental Immunity Act.
(5) An inspection of the construction, modification of, or setup of a modular unit shall conform with this chapter.
(6) A local regulator has the responsibility to issue an approval for the political subdivision in which a modular unit is to be setup or is setup.
(7) Nothing in this section precludes:

     (7)(a) a local regulator from contracting with a qualified third party to act as its designee for the inspection or plan review provided in this section; or
     (7)(b) the state from entering into an interstate compact for third party inspection of the construction of a modular unit.