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.
Dwelling unit: includes a hotel room, dormitory room, apartment, condominium, sleeping room in a nursing home, or similar living unit. See Utah Code 15A-5-102
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.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
(a)
IFC, Chapter 1, Section 102.5, is deleted and rewritten as follows: “102.5 Application of residential code. If a structure is designed and constructed in accordance with the International Residential Code, the provisions of this code apply only as follows: 1. The construction and design provisions of this code apply only to premises identification, fire apparatus access, fire hydrants and water supplies, and construction permits required by Section 105.7. 2. This code does not supercede the land use, subdivision, or development standards established by a local jurisdiction. 3. The administrative, operational, and maintenance provisions of this code apply.”
(b)
IFC, Chapter 1, Section 102.9, is deleted and rewritten as follows: “102.9 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the fire code official on an emergency basis if:
(a)
the facts known to the fire code official show that an immediate and significant danger to the public health, safety, or welfare exists; and
(b)
the threat requires immediate action by the fire code official. 102.9.1 Limitation of emergency order. In issuing its emergency order, the fire code official shall:
(a)
limit the order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare; and
(b)
give immediate notice to the persons who are required to comply with the order, that includes a brief statement of the reasons for the fire code official’s order. 101.9.2 Right to appeal emergency order. If the emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the party shall have a right to appeal the fire code official’s order in accordance with IFC, Chapter 1, Section 109.”
(c)
IFC, Chapter 1, Section 106.1, Submittals, is amended to add the following after the last sentence: “Fire sprinkler system layout shall be prepared and submitted by a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Water-Based System Layout. Fire alarm system layout shall be prepared and submitted by a person certified by the National Institute for Certification in Engineering Technologies at level III or IV in Fire Alarm Systems.”
(d)
IFC, Chapter 1, Section 105.5.18, Flammable and combustible liquids, is amended to add the following section: “12. The owner of an underground tank that is out of service for longer than one year shall receive a Temporary Closure Notice from the Department of Environmental Quality and a copy shall be given to the AHJ.”
(e)
In IFC, Chapter 1, Section 102.5, a new subsection 3. is added as follows: “3. For development regulated by a local jurisdiction’s land use authority, the fire code official’s interpretation of this code is subject to the advisory opinion process described in Utah Code, Section 13-43-205, and to a land use appeal authority appointed under Utah Code, Section 10-9a-701 or 17-27a-701.”
(f)
In IFC, Chapter 1, Section 111, a new Section 111.5, Notice of right to appeal, is added as follows: “At the time a fire code official makes an order, decision, or determination that relates to the application or interpretation of this chapter, the fire code official shall inform the person affected by the order, decision, or determination of the person’s right to appeal under this section. Upon request, the fire code official shall provide a person affected by an order, decision, or determination that relates to the application or interpretation of this chapter a written notice that describes the person’s right to appeal under this section.”
(2)
For IFC, Chapter 2, Definitions:
(a)
IFC, Chapter 2, Section 202, General Definitions, the following definition is added for Ambulatory Surgical Center: “AMBULATORY SURGICAL CENTER. A building or portion of a building licensed by the Department of Health and Human Services where procedures are performed that may render patients incapable of self preservation where care is less than 24 hours. See Utah Administrative Code, R432-13, Freestanding Ambulatory Surgical Center Construction Rule.”
(b)
IFC, Chapter 2, Section 202, General Definitions, the following definition is added for Assisted Living Facility, Residential Treatment and Support. “ASSISTED LIVING FACILITY, RESIDENTIAL TREATMENT AND SUPPORT: A residential facility that provides a group living environment for four or more residents licensed by the Department of Health and Human Services and provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person. ASSISTED LIVING FACILITY, TYPE I. A residential facility licensed by the Department of Health and Human Services that provides a protected living arrangement, assistance with activities of daily living and social care to two or more ambulatory, non-restrained persons who are capable of mobility sufficient to exit the facility without the assistance of another person. ASSISTED LIVING FACILITY, TYPE II. A residential facility licensed by the Department of Health and Human Services that provides an array of coordinated supportive personal and health care services to two or more residents who are: A. Physically disabled but able to direct his or her own care; or B. Cognitively impaired or physically disabled but able to evacuate from the facility, or to a zone or area of safety, with the physical assistance of one person. Subcategories are: ASSISTED LIVING FACILITY, LIMITED CAPACITY: A Type I or Type II assisted living facility having two to five residents. ASSISTED LIVING FACILITY, SMALL: A Type I or Type II assisted living facility having six to sixteen residents. ASSISTED LIVING FACILITY, LARGE: A Type I or Type II assisted living facility having more than sixteen residents.”
(c)
IFC, Chapter 2, Section 202, General Definitions, the definition for Child Care Facility is added as follows: “CHILD CARE FACILITY: A facility where care and supervision is provided for four or more children for less than 24 hours a day and for direct or indirect compensation in place of care ordinarily provided in their home.”
(d)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Educational Group E, Group E, day care facilities, is deleted and replaced with the following: “Group E, Child Care Facilities. This group includes buildings and structures or portions thereof occupied by four or more children 2 years of age or older who receive educational, supervision, child care services or personal care services for fewer than 24 hours per day. See Section 429, Day Care, for special requirements for day care. Within Places of Religious Worship. Rooms and spaces within places of religious worship providing such day care during religious functions shall be classified as part of the primary occupancy. Four or Fewer Children. A facility having four or fewer children receiving such day care shall be classified as part of the primary occupancy. Four or Fewer Children in a Dwelling Unit. A facility such as the above within a dwelling unit and having four or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. Child Day Care – Residential Child Care Certificate or a License. Areas used for child day care purposes with a residential child care certificate, as described in Utah Administrative Code, R430-50, Residential Certificate Child Care, or a residential child care license, as described in Utah Administrative Code, R430-90, Licensed Family Child Care, may be located in a Group R-2 or R-3 occupancy as provided in the International Building Code, Sections 310.3 and 310.4, or shall comply with the International Residential Code, Section R101.2. Child Care Centers. Each of the following areas may be classified as accessory occupancies, if the area complies with the International Building Code, Section 508.2: 1. Hourly child care center, as described in Utah Administrative Code, R381-60, Hourly Child Care Centers; 2. Child care centers, as described in Utah Administrative Code, R381-100, Child Care Centers; 3. Out-of-school-time programs, as described in Utah Administrative Code, R381-70, Out of School Time Child Care Programs; and 4. Commercial preschools, as described in Utah Administrative Code, R381-40, Commercial Preschool Programs.”
(e)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Institutional Group I-1, is amended as follows: In the list of items under “This group shall include,” the words “Type-I Large and Type-II Small, see the International Building Code, Section 308.2.5” are added after “Assisted living facilities.”
(f)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Institutional Group I-1, Five or fewer persons receiving custodial care is amended as follows: On line four after “International Residential Code” the rest of the section is deleted.
(g)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Institutional Group I-2, is deleted and replaced with the following: “Institutional Group I-2. Institutional Group I-2 occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than four persons who are incapable of self-preservation. This group shall include, but not be limited to the following: Assisted living facilities, Type-II Large, see Section 308.3.3 Child care facilities Foster care facilities Detoxification facilities Hospitals Nursing homes (both intermediate care facilities and skilled nursing facilities) Psychiatric hospitals”
(h)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Institutional Group I-2, a new section is added as follows: “Assisted Living Facilities. A Type I, Large assisted living facility is classified as occupancy Group I-1, Condition 1. A Type II, Small assisted living facility is classified as occupancy Group I-1, Condition 2. See Section 202 for definitions.”
(i)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Institutional Group I-4, day care facilities, Classification as Group E, Five or fewer persons receiving care, and Five or fewer occupants receiving care in a dwelling unit are deleted and replaced with the following: “Classification as Group E. A child day care facility that provides care for five or more but not more than 100 children under two years of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as a Group E. See the International Building Code, Section 429 for special requirements for Day Care. Four or Fewer Persons Receiving Care. A facility having four or fewer persons receiving custodial care shall be classified as part of the primary occupancy. See the International Building Code, Section 429, for special requirements for Day Care. Four or Fewer Persons Receiving Care in a Dwelling Unit. A facility such as the above within a dwelling unit and having four or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. See the International Building Code, Section 429, for special requirements for Day Care.”
(j)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Residential Group R-3, is deleted and replaced with the following: “Residential Group R-3. Residential Group R-3 occupancies and single family dwellings complying with the International Residential Code where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, or I occupancies, including: Assisted Living Facilities, Type-I, limited capacity, see Section 310.5.3 Buildings that do not contain more than two dwellings Care facilities, other than child care, that provide accommodations for five or fewer persons receiving care Congregate living facilities (nontransient) with 16 or fewer occupants Boarding houses (nontransient) Convents Dormitories Fraternities and sororities Monasteries Congregate living facilities (transient) with 10 or fewer occupants Boarding houses (transient) Lodging houses (transient) with five or fewer guest rooms and 10 or fewer occupants”
(k)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Residential Group R-3, Care facilities within a dwelling, is deleted and replaced with the following: “Care Facilities within a Dwelling. Care facilities, other than child care, for five or fewer persons receiving care that are within a single family dwelling are permitted to comply with the International Residential Code. See the International Building Code, Section 429, for special requirements for Child Day Care.”
(l)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Residential Group R-3, a new section is added as follows: “Child Care. Areas used for child care purposes may be located in a residential dwelling unit when all of the following conditions are met: 1. Compliance with Utah Administrative Code, R710-8, Day Care Rules, as enacted under the authority of the Utah Fire Prevention Board; 2. Use is approved by the Department of Health and Human Services under the authority of Utah Code, 4, and in any of the following categories: 1.1. Utah Administrative Code, R430-50, Residential Certificate Child Care; or 1.2. Utah Administrative Code, R430-90, Licensed Family Child Care; and 1.3 Compliance with all zoning regulations of the local regulator.”
(m)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Residential Group R-3, a new section is added as follows: “Assisted Living Facilities. Type I assisted living facilities with two to five residents are Limited Capacity facilities classified as a Residential Group R-3 occupancy or are permitted to comply with the International Residential Code. See Section 202 for definitions.”
(n)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Residential Group R-4, the words “Type II Limited Capacity and Type I Small, see R-4 Assisted Living Facility Occupancy Groups” are added after the words “Assisted Living Facilities.”
(o)
IFC, Chapter 2, Section 202, General Definitions, OCCUPANCY CLASSIFICATION, Residential Group R-4, a new section is added as follows: “Group R-4 – Assisted Living Facility Occupancy Groups. The following occupancy groups shall apply to Assisted Living Facilities: Type II Assisted Living Facilities with two to five residents are Limited Capacity Facilities classified as a Residential Group R-4, Condition 2 occupancy. Type I assisted living facilities with six to sixteen residents are Small Facilities classified as Residential Group R-4, Condition 1 occupancies. See Section 202 for definitions.”
Amended by Chapter 95, 2023 General Session Amended by Chapter 327, 2023 General Session
