(1) Except as provided in Subsection (7), the Division of Facilities Construction and Management shall determine whether an unregistered modular unit is compliant with this chapter.
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Terms Used In Utah Code 15A-1-304.1

  • 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
  • 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:
  • 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.
  • Local regulator: means the same as that term is defined in Section 15A-1-202. See Utah Code 15A-1-302
  • Modular manufacturer: means the entity responsible for manufacturing a panelized system or module. 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
  • 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
  • Unregistered modular unit: means a modular unit that:
         (20)(a) has not been inspected as required by this title; or
         (20)(b) does not have a required decal. See Utah Code 15A-1-302
(2) Upon discovery of an unregistered modular unit, the Division of Facilities Construction and Management shall:

     (2)(a) inform the local regulator, which shall:

          (2)(a)(i) issue an order to the owner of the unregistered modular unit to cease use or occupancy of the unregistered modular unit until a third party inspector determines the unregistered modular unit has come into compliance; or
          (2)(a)(ii) determine if the unregistered modular unit is considered compliant, as described in Subsection (7); and
     (2)(b) require the owner of the unregistered modular unit to:

          (2)(b)(i) produce documentation of the modular unit’s compliance with this chapter:

               (2)(b)(i)(A) if the unregistered modular unit is only missing a decal or had a decal but the decal is no longer visible; or
               (2)(b)(i)(B) if the unregistered modular unit is considered compliant under Subsection (7); or
          (2)(b)(ii) arrange for a third party inspector to inspect the unregistered modular unit, as described in Subsection (4).
(3) Upon receiving and verifying the documentation described in Subsection (2)(b)(i)(A), the Division of Facilities Construction and Management shall issue the owner of an unregistered modular unit a decal to be affixed to the unregistered modular unit.
(4)

     (4)(a) Upon inspection of an unregistered modular unit, a third party inspector shall determine when and where the unregistered modular unit was manufactured.
     (4)(b) If the unregistered modular unit was manufactured in another state by a modular manufacturer approved by a regulator in that state at the time the unregistered modular unit was manufactured, the third party inspector shall:

          (4)(b)(i) conduct a review of the original construction documents and the requirements of the state in which the unregistered modular unit was manufactured as of the time of manufacturing to determine the degree to which the unregistered modular unit’s manufacture and installation is compliant with the requirements of this chapter;
          (4)(b)(ii) in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; and
          (4)(b)(iii) determine whether the unregistered modular unit is compliant with:

               (4)(b)(iii)(A) the requirements for a modular building described in this chapter; and
               (4)(b)(iii)(B) the building codes that were in effect at the time the unregistered modular building was manufactured.
     (4)(c) If the unregistered modular unit was manufactured in another state by a modular manufacturer that was not approved by that state, or if the date of manufacture of the unregistered modular unit cannot be determined, the third party inspector shall:

          (4)(c)(i) in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; and
          (4)(c)(ii) determine whether the unregistered modular unit is compliant with the requirements for a modular building described in this chapter.
     (4)(d) If the third party inspector cannot determine where or when the unregistered modular unit was manufactured, or if original construction documents for the unregistered modular unit cannot be located or verified, the third party inspector shall inspect the unregistered modular unit for compliance with this chapter, including requiring disassembly of the unregistered modular unit if necessary.
(5) If the third party inspector is able to review and verify the original construction documents for the unregistered modular unit, and the original construction documents for the unregistered modular unit are sufficient to determine whether the construction of the unregistered modular unit complies with this chapter, the third party inspector may not require disassembly of the modular unit.
(6)

     (6)(a) If the third party inspector determines the unregistered modular unit is compliant with the requirements for modular units in this chapter:

          (6)(a)(i) the third party inspector shall report the finding to:

               (6)(a)(i)(A) the Division of Facilities Construction and Management; and
               (6)(a)(i)(B) the local regulator; and
          (6)(a)(ii) affix a decal to the unregistered modular unit.
     (6)(b) The report described in Subsection (6)(a)(i) shall include a description of any changes made to the unregistered modular unit.
(7) If an unregistered modular unit installed before May 4, 2024, has a certificate of occupancy from a local regulator, the unregistered modular unit is considered compliant with the requirements for a modular unit described in this chapter so long as the unregistered modular unit remains in the jurisdiction of the local regulator that issued the certificate of occupancy.

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