Utah Code 15A-2-105. Scope of application

Superseded 7/1/2023)

Superseded 7/1/2023
15A-2-105. Scope of application.

(1)

To the extent that a construction code adopted under Section 15A-2-103 establishes a local administrative function or establishes a method of appeal which pursuant to Section 15A-1-207 is designated to be established by the compliance agency:

Terms Used In Utah Code 15A-2-105

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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

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.

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

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 Statute: A law passed by a legislature. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(a)	that provision of the construction code is not included in the State Construction Code; and

(b)	a compliance agency may establish provisions to establish a local administrative function or a method of appeal.

(2)

(a)

To the extent that a construction code adopted under Subsection (1) establishes a provision, standard, or reference to another code that by state statute is designated to be established or administered by another state agency, or a local city, town, or county jurisdiction:

(i)	that provision of the construction code is not included in the State Construction Code; and

(ii)	the state agency or local government has authority over that provision of the construction code.

(b)

Provisions excluded under this Subsection (2) include:

(i)	the International Property Maintenance Code;

(ii)	the International Private Sewage Disposal Code, authority over which is reserved to the Department of Health and Human Services and the Department of Environmental Quality;

(iii)

the International Fire Code, authority over which is reserved to the board, pursuant to Section 15A-1-403;

(iv)	a day care provision that is in conflict with 4, authority over which is designated to the Department of Health and Human Services; and

(v)	a wildland urban interface provision that goes beyond the authority under Section 15A-1-204, for the State Construction Code, authority over which is designated to the Division of Forestry or to a local compliance agency.

(3)	If a construction code adopted under Subsection 15A-2-103(1) establishes a provision that exceeds the scope described in 2, to the extent the scope is exceeded, the provision is not included in the State Construction Code.

Amended by Chapter 327, 2023 General Session

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