2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 5 - Uniform Fiscal Procedures Act for Utah Towns › Section 132 - Fees collected for construction approval -- Approval of plans.

Effective 5/28/2021
10-5-132.
Fees collected for construction approval -- Approval of plans.
(1) As used in this section:
(a) "Business day" means a day other than Saturday, Sunday, or a legal holiday.
(b) "Construction project" means the same as that term is defined in Section 38-1a-102.
(c) "Lodging establishment" means a place providing temporary sleeping accommodations to the public, including any of the following:
(i) a bed and breakfast establishment;
(ii) a boarding house;
(iii) a dormitory;
(iv) a hotel;
(v) an inn;
(vi) a lodging house;
(vii) a motel;
(viii) a resort; or
(ix) a rooming house.
(d) "Planning review" means a review to verify that a town has approved the following elements of a construction project:
(i) zoning;
(ii) lot sizes;
(iii) setbacks;
(iv) easements;
(v) curb and gutter elevations;
(vi) grades and slopes;
(vii) utilities;
(viii) street names;
(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and
(x) subdivision.
(e)
(i) "Plan review" means all of the reviews and approvals of a plan that a town requires to obtain a building permit from the town with a scope that may not exceed a review to verify:
(A) that the construction project complies with the provisions of the State Construction Code under Title 15A, State Construction and Fire Codes Act;
(B) that the construction project complies with the energy code adopted under Section 15A-2-103;
(C) that the construction project received a planning review;
(D) that the applicant paid any required fees;
(E) that the applicant obtained final approvals from any other required reviewing agencies;
(F) that the construction project complies with federal, state, and local storm water protection laws;
(G) that the construction project received a structural review;
(H) the total square footage for each building level of finished, garage, and unfinished space; and
(I) that the plans include a printed statement indicating that the actual construction will comply with applicable local ordinances and the state construction codes.
(ii) "Plan review" does not mean a review of a document:
(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;
(B) submitted as part of a deferred submittal when requested by the applicant and approved by the building official; or
(C) that, due to the document's technical nature or on the request of the applicant, is reviewed by a third party.
(f) "State Construction Code" means the same as that term is defined in Section 15A-1-102.
(g) "State Fire Code" means the same as that term is defined in Section 15A-1-102.
(h) "Structural review" means:
(i) a review that verifies that a construction project complies with the following:
(A) footing size and bar placement;
(B) foundation thickness and bar placement;
(C) beam and header sizes;
(D) nailing patterns;
(E) bearing points;
(F) structural member size and span; and
(G) sheathing; or
(ii) if the review exceeds the scope of the review described in Subsection (1)(h)(i), a review that a licensed engineer conducts.
(i) "Technical nature" means a characteristic that places an item outside the training and expertise of an individual who regularly performs plan reviews.
(2)
(a) If a town collects a fee for the inspection of a construction project, the town shall ensure that the construction project receives a prompt inspection.
(b) If a town cannot provide a building inspection within three business days after the day on which the town receives the request for the inspection, the town shall promptly engage an independent inspector with fees collected from the applicant.
(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:
(i) identifies each violation;
(ii) upon request by the permit holder, includes a reference to each applicable provision of the State Construction Code or State Fire Code; and
(iii) is delivered:
(A) in hardcopy or by electronic means; and
(B) the day on which the inspection occurs.
(3)
(a) A town 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 town.
(b) A town 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 town.
(c)
(i) Subject to Subsection (3)(c)(ii), if a town does not complete a plan review before the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the town complete the plan review.
(ii) If an applicant makes a request under Subsection (3)(c)(i), the town shall perform the plan review no later than:
(A) for a plan review described in Subsection (3)(a), 14 days from the day on which the applicant makes the request; or
(B) for a plan review described in Subsection (3)(b), 21 days from the day on which the applicant makes the request.
(d) An applicant may:
(i) waive the plan review time requirements described in this Subsection (3); or
(ii) with the town's consent, establish an alternative plan review time requirement.
(4) A town may not enforce a requirement to have a plan review if:
(a) the town does not complete the plan review within the time period described in Subsection (3)(a) or (b); and
(b) a licensed architect or structural engineer, or both when required by law, stamps the plan.
(5)
(a) A town may attach to a reviewed plan a list that includes:
(i) items with which the town is concerned and may enforce during construction; and
(ii) building code violations found in the plan.
(b) A town may not require an applicant to redraft a plan if the town requests minor changes to the plan that the list described in Subsection (5)(a) identifies.
(c) A town may only 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 town charges a fee for a building permit, the town may not refuse payment of the fee at the time the applicant submits a building permit application under Subsection (3).
(7) A town 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:
(a) the name, address, and contact information of:
(i) the applicant; and
(ii) the construction manager/general contractor, as defined in Section 63G-6a-103, for the construction project;
(b) a site plan for the construction project that:
(i) is drawn to scale;
(ii) includes a north arrow and legend; and
(iii) provides specifications for the following:
(A) lot size and dimensions;
(B) setbacks and overhangs for setbacks;
(C) easements;
(D) property lines;
(E) topographical details, if the slope of the lot is greater than 10%;
(F) retaining walls;
(G) hard surface areas;
(H) curb and gutter elevations as indicated in the subdivision documents;
(I) utilities, including water meter and sewer lateral location;
(J) street names;
(K) driveway locations;
(L) defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and
(M) the location of the nearest hydrant;
(c) construction plans and drawings, including:
(i) elevations, only if the construction project is new construction;
(ii) floor plans for each level, including the location and size of doors and windows;
(iii) foundation, structural, and framing detail; and
(iv) electrical, mechanical, and plumbing design;
(d) documentation of energy code compliance;
(e) structural calculations, except for trusses;
(f) a geotechnical report, including a slope stability evaluation and retaining wall design, if:
(i) the slope of the lot is greater than 15%; and
(ii) required by the town; and
(g) a statement indicating that actual construction will comply with applicable local ordinances and building codes.
Amended by Chapter 3, 2021 Special Session 1