Utah Code 17-36-55. Fees collected for construction approval — Approval of plans
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(1) As used in this section:
Terms Used In Utah Code 17-36-55
- Property: includes both real and personal property. 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
(1)(a) “Business day” means a day other than Saturday, Sunday, or a legal holiday.
(1)(b) “Construction project” means the same as that term is defined in Section 38-1a-102 .
(1)(c) “Lodging establishment” means a place providing temporary sleeping accommodations to the public, including any of the following:
(1)(c)(i) a bed and breakfast establishment;
(1)(c)(ii) a boarding house;
(1)(c)(iii) a dormitory;
(1)(c)(iv) a hotel;
(1)(c)(v) an inn;
(1)(c)(vi) a lodging house;
(1)(c)(vii) a motel;
(1)(c)(viii) a resort; or
(1)(c)(ix) a rooming house.
(1)(d) “Planning review” means a review to verify that a county has approved the following elements of a construction project:
(1)(d)(i) zoning;
(1)(d)(ii) lot sizes;
(1)(d)(iii) setbacks;
(1)(d)(iv) easements;
(1)(d)(v) curb and gutter elevations;
(1)(d)(vi) grades and slopes;
(1)(d)(vii) utilities;
(1)(d)(viii) street names;
(1)(d)(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103 ; and
(1)(d)(x) subdivision.
(1)(e)
(1)(e)(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:
(1)(e)(i)(A) that the construction project complies with the provisions of the State Construction Code under Title 15A, State Construction and Fire Codes Act;
(1)(e)(i)(B) that the construction project complies with the energy code adopted under Section 15A-2-103 ;
(1)(e)(i)(C) that the construction project received a planning review;
(1)(e)(i)(D) that the applicant paid any required fees;
(1)(e)(i)(E) that the applicant obtained final approvals from any other required reviewing agencies;
(1)(e)(i)(F) that the construction project complies with federal, state, and local storm water protection laws;
(1)(e)(i)(G) that the construction project received a structural review;
(1)(e)(i)(H) the total square footage for each building level of finished, garage, and unfinished space; and
(1)(e)(i)(I) that the plans include a printed statement indicating that the actual construction will comply with applicable local ordinances and the state construction codes.
(1)(e)(ii) “Plan review” does not mean a review of a document:
(1)(e)(ii)(A) required to be re-submitted for a construction project other than a construction project for a one to two family dwelling or townhome if additional modifications or substantive changes are identified by the plan review;
(1)(e)(ii)(B) submitted as part of a deferred submittal when requested by the applicant and approved by the building official; or
(1)(e)(ii)(C) that, due to the document’s technical nature or on the request of the applicant, is reviewed by a third party.
(1)(f) “State Construction Code” means the same as that term is defined in Section 15A-1-102 .
(1)(g) “State Fire Code” means the same as that term is defined in Section 15A-1-102 .
(1)(h) “Structural review” means:
(1)(h)(i) a review that verifies that a construction project complies with the following:
(1)(h)(i)(A) footing size and bar placement;
(1)(h)(i)(B) foundation thickness and bar placement;
(1)(h)(i)(C) beam and header sizes;
(1)(h)(i)(D) nailing patterns;
(1)(h)(i)(E) bearing points;
(1)(h)(i)(F) structural member size and span; and
(1)(h)(i)(G) sheathing; or
(1)(h)(ii) if the review exceeds the scope of the review described in Subsection (1)(h)(i), a review that a licensed engineer conducts.
(1)(i) “Technical nature” means a characteristic that places an item outside the training and expertise of an individual who regularly performs plan reviews.
(2)
(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.
(2)(b) If a county cannot provide a building inspection within three business days after the day on which the county receives the request for the inspection, the applicant may engage an inspection with a third-party inspection firm from the third-party inspection firm list, as described in Section 15A-1-105 .
(2)(c) If an inspector identifies one or more violations of the State Construction Code or State Fire Code during an inspection, the inspector shall give the permit holder written notification that:
(2)(c)(i) identifies each violation;
(2)(c)(ii) upon request by the permit holder, includes a reference to each applicable provision of the State Construction Code or State Fire Code; and
(2)(c)(iii) is delivered:
(2)(c)(iii)(A) in hardcopy or by electronic means; and
(2)(c)(iii)(B) the day on which the inspection occurs.
(3)
(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 applicant submits a complete building permit application to the county.
(3)(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 applicant submits a complete building permit application to the county.
(3)(c)
(3)(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.
(3)(c)(ii) If an applicant makes a request under Subsection (3)(c)(i), the county shall perform the plan review no later than:
(3)(c)(ii)(A) for a plan review described in Subsection (3)(a), 14 days from the day on which the applicant makes the request; or
(3)(c)(ii)(B) for a plan review described in Subsection (3)(b), 21 days from the day on which the applicant makes the request.
(3)(d) An applicant may:
(3)(d)(i) waive the plan review time requirements described in this Subsection (3); or
(3)(d)(ii) with the county’s consent, establish an alternative plan review time requirement.
(4) A county may not enforce a requirement to have a plan review if:
(4)(a) the county does not complete the plan review within the time period described in Subsection (3)(a) or (b); and
(4)(b) a licensed architect or structural engineer, or both when required by law, stamps the plan.
(5)
(5)(a) A county may attach to a reviewed plan a list that includes:
(5)(a)(i) items with which the county is concerned and may enforce during construction; and
(5)(a)(ii) building code violations found in the plan.
(5)(b) 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 (5)(a) identifies.
(5)(c) A county may require a single resubmittal of plans for a one or two family dwelling or townhome if the resubmission is required to address deficiencies identified by a third-party review of a geotechnical report or geological report.
(6) If a county charges a fee for a building permit, the county may not refuse payment of the fee at the time the applicant submits a building permit application under Subsection (3).
(7) A county may not limit the number of building permit applications submitted under Subsection (3).
(8) For purposes of Subsection (3), a building permit application is complete if the application contains:
(8)(a) the name, address, and contact information of:
(8)(a)(i) the applicant; and
(8)(a)(ii) the construction manager/general contractor, as defined in Section 63G-6a-103 , for the construction project;
(8)(b) a site plan for the construction project that:
(8)(b)(i) is drawn to scale;
(8)(b)(ii) includes a north arrow and legend; and
(8)(b)(iii) provides specifications for the following:
(8)(b)(iii)(A) lot size and dimensions;
(8)(b)(iii)(B) setbacks and overhangs for setbacks;
(8)(b)(iii)(C) easements;
(8)(b)(iii)(D) property lines;
(8)(b)(iii)(E) topographical details, if the slope of the lot is greater than 10%;
(8)(b)(iii)(F) retaining walls;
(8)(b)(iii)(G) hard surface areas;
(8)(b)(iii)(H) curb and gutter elevations as indicated in the subdivision documents;
(8)(b)(iii)(I) utilities, including water meter and sewer lateral location;
(8)(b)(iii)(J) street names;
(8)(b)(iii)(K) driveway locations;
(8)(b)(iii)(L) defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103 ; and
(8)(b)(iii)(M) the location of the nearest hydrant;
(8)(c) construction plans and drawings, including:
(8)(c)(i) elevations, only if the construction project is new construction;
(8)(c)(ii) floor plans for each level, including the location and size of doors and windows;
(8)(c)(iii) foundation, structural, and framing detail; and
(8)(c)(iv) electrical, mechanical, and plumbing design;
(8)(d) documentation of energy code compliance;
(8)(e) structural calculations, except for trusses;
(8)(f) a geotechnical report, including a slope stability evaluation and retaining wall design, if:
(8)(f)(i) the slope of the lot is greater than 15%; and
(8)(f)(ii) required by the county; and
(8)(g) a statement indicating that actual construction will comply with applicable local ordinances and building codes.