(1)  The division:

Terms Used In Utah Code 15A-1-306

  • Code: means :
(a) the State Construction Code; or
(b) an approved code. See Utah Code 15A-1-202
  • Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
    (a) 4; and
    (b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
  • Factory built housing: means a manufactured home or mobile home. See Utah Code 15A-1-302
  • HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, 42 U. See Utah Code 15A-1-302
  • Local regulator: is a s defined in Section 15A-1-202. See Utah Code 15A-1-302
  • 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
  • State Construction Code: means the State Construction Code adopted by:
    (a) Chapter 2, Adoption of State Construction Code;
    (b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
    (c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
    (d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and
    (e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102
    (a)  shall maintain current information on the HUD Code and the portions of the State Construction Code relevant to manufactured housing installation and will provide at reasonable cost the information to compliance agencies, local regulators, or state regulators requesting such information;

    (b)  shall provide qualified personnel to advise compliance agencies, local regulators, and state regulators regarding the standards for construction and setup, construction and setup inspection, and additions or modifications to factory built housing;

    (c)  is designated as the state administrative agency for purposes of the HUD Code;

    (d)  may inspect factory built housing units in the state during the construction process to determine compliance of the manufacturer with this chapter for those units to be installed within the state, and upon a finding of substantive deficiency, issue a corrective order to the manufacturer and provide a copy of the order to the local regulator in the state’s political subdivision where the unit is to be installed;

    (e)  shall have rights of entry and inspection as specified under the HUD Code; and

    (f)  shall implement by rule a continuing education requirement for manufactured housing installation contractors.
  • (2)  The division may assess civil penalties payable to the state for violation of the HUD Code in an amount identical to those set forth in Section 611 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5410.

    (3)  The state may impose criminal sanctions for violations of the HUD Code identical to those set forth in Section 611 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5410, provided that if the criminal sanction is a fine, the fine shall be payable to the state.

    Amended by Chapter 262, 2013 General Session