No. 43522 (Amendment): Rule R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule

(Amendment)

DAR File No.: 43522
Filed: 02/14/2019 10:32:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These proposed amendments conform this rule to changes enacted by H.B. 250 (2018), Building Permit and Impact Fees Amendments. These amendments also clarify and update certain provisions, as recommended by the Division of Occupational and Professional Licensing (Division) in collaboration with the Uniform Building Code Commission Education Advisory Committee, and the Utah Land Use and Eminent Domain Advisory Board.

Summary of the rule or change:

In Section R156-15A-102, these proposed amendments add the following definitions: "Advisory Board" or "LUEDAB" means the Land Use and Eminent Domain Advisory Board created in Section 13-43-202; and "Ombudsman" means the Office of Property Rights Ombudsman created in Section 13-43-201. In Section R156-15A-201, this proposed amendment updates the reference to the "education fund" because the Education Advisory Committee will now review and make recommendations for two education funds per Subsections 15A-1-209(5)(c)(i) and (ii). In Section R156-15A-210, this proposed amendment updates a citation. In Section R156-15A-230, these proposed amendments allocate funds in accordance with Subsection 15A-1-209(5). The 85% remitted to the Division shall now be deposited into three separate funding accounts: 30% to the Division's "Building Code Inspector Training Fund", 10% to the Division's "Building Code Construction-Related Training Fund", and 60% to the Ombudsman's "Land Use Fund". The Building Code Inspector Training Fund and Building Code Construction-Related Training Fund (as well as the monies from the Factory Built Housing Fees Account under Subsection 58-56-17.5(2)(c)) shall be held, administered, and distributed in accordance with the procedures, standards, and policies set forth in Section R156-15A-231 as amended. The Land Use Fund shall be held, administered, and distributed in accordance with the procedures, standards, and policies established in new Section R156-15A-232. In Section R156-15A-231, these proposed amendments establish and clarify the procedures, standards, and policies for administration of the new Building Code Inspector Training Fund and Building Code Construction-Related Training Fund (and of the existing Factory Built Housing Fees Account). This section retains most of the procedures/standards/policies that applied to the old building code training fund, but to ensure compliance with H.B. 250 (2018) there is further clarification of the appropriate funding expenditure categories for each fund. Section R156-15A-232 is a proposed new section that establishes the procedures, standards, and policies for administration of the Office of the Property Rights Ombudsman's new Land Use Fund in accordance with statutory changes made in H.B. 250 (2018). This proposed new section sets forth the requirements for utilizing the land use funds, the grant application process, and establishes eligible expenses for the reimbursement policy. In Section R156-15A-301, the Division proposes deleting this obsolete section "Factory Built Housing Dispute Resolution" in its entirety. Statutory changes made by H.B. 51 (2013) removed the requirement to provide a dispute resolution program by rule, and the Division now only refers disputes to HUD (the federal Department of Housing and Urban Development).

Statutory or constitutional authorization for this rule:

Subsection 58-1-106(1)(a)
Subsection 58-1-202(1)(a)
Subsection 15A-1-204(6)
Section 15A-1-205

Anticipated cost or savings to:

the state budget:

These proposed amendments will apply to the state agencies charged with administering the funding accounts/education funds described in these proposed amendments. However, these proposed amendments are not expected to impact state government revenues or expenditures over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement the current statutory requirements. In particular, these amendments merely delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. No other fiscal impact to the state is expected, beyond a minimal cost to the Division of approximately $75 to print and distribute this rule once the proposed amendments are made effective.

local governments:

These proposed amendments are not expected to impact local governments' revenues or expenditures over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement the current statutory requirements. In particular, these amendments merely delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule.

small businesses:

These proposed amendments will apply to any small-business providers who will seek grant money from any of the funds described in these amendments. This may include providers in this industry (NAICS 813910) who will offer code training for licensed inspectors, who will offer code training for construction-related licensees, and who will offer land use training. The Division estimates that there are approximately 38 small businesses who may offer code trainings, and approximately 15 who may offer land use trainings. Nevertheless, these proposed amendments are not expected to impact any small businesses revenues or expenditures because these amendments only update this rule to implement current statutory requirements. In particular, these amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule.

persons other than small businesses, businesses, or local governmental entities:

These proposed amendments will apply to individual providers who will seek grant money from any of the funding accounts described in these amendments. This may include individual providers offering code training for licensed inspectors, individual providers offering code training for construction-related licensees, and individual providers offering land use training. These proposed amendments will also indirectly apply to Utah's approximately 670 licensed building inspectors seeking code training, and to Utah's approximately 53,000 construction-related licensees seeking code training. These proposed amendments will also indirectly apply to individuals using the land use education and training funds administered by the Office of the Property Rights Ombudsman. However, these proposed amendments are not expected to have an impact on these other persons over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement current statutory requirements. In particular, these amendments merely delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule.

Compliance costs for affected persons:

These proposed amendments are not expected to impose compliance costs upon any affected persons over and above the fiscal impact of H.B. 250 (2018) and H.B. 51 (2013), because these amendments only update this rule to implement current statutory requirements. These amendments delete obsolete provisions, and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

These proposed amendments conform this rule to changes enacted by H.B. 250 (2018), Building Permit and Impact Fees Amendments. These amendments also clarify and update certain provisions, as recommended by the Division in collaboration with the Uniform Building Code Commission Education Advisory Committee and the Utah Land Use and Eminent Domain Advisory Board. In Section R156-15A-102, these amendments add definitions for the terms "Advisory Board" or "LUEDAB" and for the term "Ombudsman". In Section R156-15A-201, this amendment updates the reference to the "education fund" because the Education Advisory Committee will now review and make recommendations for two education funds per Subsections 15A-1-209(5)(c)(i) and (ii). In Section R156-15A-230, these amendments allocate funds in accordance with Subsection 15A-1-209(5). The 85% remitted to the Division shall now be deposited into three separate funding accounts: 30% to the Division's "Building Code Inspector Training Fund", 10% to the Division's "Building Code Construction-Related Training Fund" and 60% to the Ombudsman's "Land Use Fund". The Building Code Inspector Training Fund and the Building Code Construction-Related Training Fund (as well as the monies from the Factory Built Housing Fee Account under Subsection 58-56-17.5(2)(c)) shall be held, administered, and distributed in accordance with the procedures, standards, and policies set forth in Section R156-15A-231, as amended. The Land Use Fund shall be held, administered, and distributed in accordance with the procedures, standards, and policies established in new Section R156-15A-232. In Section R156-15A-231, these amendments establish and clarify the procedures, standards, and policies for administration of the new Building Code Inspector Training Fund and the Building Code Construction-Related Training Fund (and of the existing Factory Built Housing Fees Account). This section retains most of the procedures, standards, and policies that applied to the old building code training fund. To ensure compliance with H.B. 250 (2018), there is further clarification of the appropriate funding expenditure categories for each fund. Section R156-15A-232 is a new section that establishes the procedures, standards, and policies for administration of the Office of the Property Rights Ombudsman's new Land Use Fund in accordance with statutory changes made in H.B. 250 (2018). This new section sets forth the requirements for utilizing the land use funds, the grant application process and establishes eligible expenses for the reimbursement policy. In Section R156-15A-301, the Division proposes deleting in its entirety this obsolete section regarding "Factory Built Housing Dispute Resolution". Statutory changes made by H.B. 51 (2013) removed the requirement to provide a dispute resolution program, and the Division now only refers disputes to HUD. Small Businesses: These proposed amendments will apply to any small-business providers who will seek grant money from any of the funds described in these amendments. This may include providers in this industry (NAICS 813910) who will offer code training for licensed inspectors, who will offer code training for construction-related licensees and who will offer land use training. Nevertheless, these proposed amendments are not expected to impact any small business revenues or expenditures because the amendments only update this rule to implement current statutory requirements. In particular, the amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds, as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule. Non-Small Businesses: These proposed amendments will apply to any non-small business providers, such as trade schools (NAICS 611519), who may seek grant money from any of the education funds to offer code training for licensed inspectors, construction-related licensees, or land use training. Based upon input from those in this industry, the Division estimates that there are no non-small businesses participating in any funds, and that none will participate in the future. Nonetheless, these proposed amendments are not expected to impact any non-small business revenues or expenditures because these amendments only update this rule to implement current statutory requirements. In particular, these amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

Robyn Barkdull at the above address, by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/01/2019

Interested persons may attend a public hearing regarding this rule:

03/19/2019 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

04/08/2019

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

Appendix 2: Regulatory Impact to Non-Small Businesses

These proposed amendments will apply to any non-small business providers such as trade schools (NAICS 611519) who may seek grant money from any of the education funds to offer code training for licensed inspectors/construction-related licensees, or land use training. Based upon input from those in this industry, the Division estimates that there are no non-small businesses currently participating in any funds, and that none will participate in the future. Nonetheless, these proposed amendments are not expected to impact any non-small business revenues or expenditures because the amendments only update the rule to implement current statutory requirements. In particular, the amendments merely delete obsolete provisions in accordance with H.B. 51 (2013), and reallocate collected fees into new and updated education funds as mandated by H.B. 250 (2018), with procedures, standards, and policies based upon those that already existed in this rule.

Agency sign off: The head of the Department of Commerce, Francine A. Giani, has reviewed and approved this fiscal analysis.

R156. Commerce, Occupational and Professional Licensing.

R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule.

R156-15A-102. Definitions.

In addition to the definitions in Title 15A, as used in Title 15A or this rule:

(1) "Advisory Board" or "LUEDAB" mean the Land Use and Eminent Domain Advisory Board created under Section 13-43-202.

(2) "Building permit" means, for the purpose of determining the building permit surcharge under Subsection 15A-1-209(5)(a), a warrant, license or authorization to build or construct a building or structure or any part thereof.

([2]3) "Building permit fee" means, for the purpose of determining the building permit surcharge under Subsection 15A-1-209(5)(a), fees assessed by a state agency or state political subdivision for the issuance of permits for construction, alteration, remodeling, repair, and installation, including building, electrical, mechanical and plumbing components.

(4) "Ombudsman" means the Office of the Property Rights Ombudsman created under Section 13-43-201.

([3]5) "Permit number", as used in Section 15A-1-209, means the standardized building permit number described below in Sections R156-15A-220 and R156-15A-221.

([4]6) "Refuses to establish a method of appeal" means, with respect to Subsection 15A-1-207(3)(b), that:

(a) a compliance agency does not in fact adopt a formal written method of appealing uniform building standard matters in accordance with generally recognized standards of due process; or[,]

(b) that the compliance agency does not convene an appeals board and render a decision in the matter within ninety days from the date on which the appeal is properly filed with the compliance agency.

R156-15A-201. Advisory Peer Committees Created - Membership - Duties.

(1) There is created in accordance with Subsections 58-1-203(1)(f) and 15A-1-203(10)(d), the following advisory peer committees to the Uniform Building Codes Commission:

(a) the Education Advisory Committee consisting of ten members, which shall include a factory built housing [~~dealer~~]representative, a design professional, a general contractor, an electrical contractor, a mechanical or plumbing contractor, an educator, and four inspectors (one from each of the specialties of plumbing, electrical, mechanical and general building);

(b) the Plumbing and Health Advisory Committee consisting of nine members;

(d) the Architectural Advisory Committee consisting of seven members;

(e) the Fire Protection Advisory Committee consisting of five members;

(i) This committee shall join together with the Fire Advisory and Code Analysis Committee of the Utah Fire Prevention Board to form the Unified Code Analysis Council.

(ii) The Unified Code Analysis Council shall meet as directed by the Utah Fire Prevention Board, or as directed by the Uniform Building Code Commission, or as needed to review fire prevention and building code issues that require definitive and specific analysis.

(iii) The Unified Code Analysis Council shall select one of its members to act as chair and another to act as vice chair. The chair and vice chair shall serve for one-year terms on a calendar year basis. Elections for chair and vice chair shall occur at the meeting conducted in the last quarter of the calendar year.

(iv) The chair or vice chair shall report to the Utah Fire Prevention Board or Uniform Building Code Commission recommendations of the council with regard to the review of fire and building codes;

(f) the Mechanical Advisory Committee consisting of seven members; and

(g) the Electrical Advisory Committee consisting of seven members.

(2) The committees shall be appointed and serve in accordance with Subsection 15A-1-203(10)(d). The membership of each committee shall be made up of individuals who have direct knowledge or involvement in the area of code involved in the title of that committee.

(3) The duties and responsibilities of the committees shall include:

(a) reviewing codes proposed for adoption or approval as assigned by the Division in collaboration with the Commission;

(b) reviewing requests for amendments to the adopted codes or approved codes as assigned to each committee by the Division with the collaboration of the Commission; and

(4) The duties and responsibilities of the Education Advisory Committee shall include:

(a) reviewing and making recommendations regarding funding requests that are submitted; and

(b) reviewing and making recommendations regarding budget, revenue and expenses of the education funds established pursuant to Subsection 15A-1-209(5) (c)(i) and (ii).

R156-15A-210. Compliance with Codes - Appeals.

If the Commission is required to act as an appeals board in accordance with the provisions of Subsection 15A-1-207(3)(b), the following shall regulate the convening and conduct of the appeals board:

(1) If a compliance agency refuses to establish a method of appeal regarding a uniform building standard issue, the appellant may petition the Commission to act as the appeals board.

(2) The appellant shall file the request to convene the Commission as an appeals board in accordance with the requirements for a request for agency action, as set forth in Subsection 63G-4-201(3)(a) and Sections R151-4-[~~201~~]202 and R151-4-203. A request by other means shall not be considered and shall be returned to the appellant with appropriate instructions.

(3) A copy of the final written decision of the compliance agency interpreting or applying a code which is the subject of the dispute shall be submitted as an attachment to the request. If the appellant requests, but does not receive a timely final written decision, the appellant shall submit an affidavit to this effect in lieu of including a copy of the final written decision with the request.

(4) The request shall be filed with the Division no later than 30 days following the issuance of the compliance agency's disputed written decision.

(5) The compliance agency shall file a written response to the request not later than 20 days after the filing of the request. The request and response shall be provided to the Commission in advance of any hearing in order to properly frame the disputed issues.

(6) Except with regard to the time period specified in Subsection (7), the time periods specified in this section may, upon a showing of good cause, be modified by the presiding officer conducting the proceeding.

(7) The Commission shall convene as an appeals board within 45 days after a request is properly filed.

(8) Upon the convening of the Commission as an appeals board, the board members shall review the issue to be considered to determine if a member of the board has a conflict of interest which would preclude the member from fairly hearing and deciding the appeal. If it is determined that a conflict does exist, the member shall be excused from participating in the proceeding.

(9) The hearing shall be a formal hearing held in accordance with the Utah Administrative Procedures Act, Title 63G, Chapter 4.

(10) Decisions relating to the application and interpretation of the code made by a compliance agency board of appeals shall be binding for the specific individual case and shall not require Commission approval.

R156-15A-230. Building Code Training Fund Fees and Factory Built Housing Fees.

(1) In accordance with Subsection 15A-1-209(5)(a), on April 30, July 31, October 31 and January 31 of each year, each state agency and each state political subdivision that assesses a building permit fee shall:

(a) file with the Division a report of building fees and surcharge for the immediately preceding calendar quarter; and[~~, shall~~]

(b) remit [~~80%~~]85% of the amount of the surcharge collected to the Division.

(2) In accordance with Subsection 15A-1-209(5)(c), the Division shall allocate and deposit the monies received under Subsection 15A-1-209(5)(a)(ii) into the following three separate funding accounts:

(a) 30% to the Division's Building Code Inspector Training Fund, to be held, administered, and distributed pursuant to Section R156-15A-231 to provide education regarding codes and code amendments to building inspectors;

(b) 10% to the Division's Building Code Construction-Related Training Fund, to be held, administered, and distributed pursuant to Section R156-15A-231 to provide education regarding codes and code amendments to individuals licensed in construction trades or related professions; and

(c) 60% to the Ombudsman's Land Use Fund, to be held, administered, and distributed pursuant to Section R156-15A-232 to provide education and training regarding:

(i) the drafting and application of land use laws and regulations; and

(ii) land use dispute resolution.

(3) In accordance with Subsection 58-56-17.5(2)(c), the Division shall hold, administer, and distribute a portion of the monies in the Factory Built Housing Fees Account pursuant to Section R156-15A-231 to provide education for factory built housing.

R156-15A-231. Administration of Building Code Inspector Training Fund, Building Code Construction-Related Training Fund, and Factory Built Housing Fees Account.

In accordance with Subsections 15A-1-209(5)(c) and 58-56-17.5(2)(c), and Section R156-15A-230, the [Division shall use monies received under Subsection 15A-1-209(5)(a) to provide education regarding codes and code amendments to building inspectors and individuals engaged in construction-related trades or professions. In accordance with Subsection 58-56-17.5(2)(c), the Division shall use a portion of the monies received under Subsection 58-56-17.5(1) to provide education for factory built housing. The ]following procedures, standards, and policies are established to apply to the administration of the Building Code Inspector Training Fund, the Building Code Construction-Related Training Fund, and the Factory Built Housing Fees Account[~~these separate funds~~]:

(1) The Division shall not approve or deny education grant requests from [~~the Building Code Training Fund or from the Factory Built Housing Fees Account~~]any separate fund or account until the Uniform Building Code Commission (UBCC) Education Advisory Committee ("the Committee"), created in accordance with Subsections 58-1-203(1)(f) and R156-15A-201(1)(a), has considered and made its recommendations on the requests.

(2) Appropriate funding expenditure categories include:

(a) for the Building Code Inspector Training Fund or the Factory Built Housing Fees Account, grants in the form of reimbursement funding to the following organizations that administer code-related[~~code related~~] training or factory built housing educational events, seminars, or classes:

(i) schools, colleges, universities, departments of universities, or other institutions of learning;

(ii) construction trade associations;

(iii) professional associations or organizations; and

([~~iii~~]iv) governmental agencies ;

(b) for the Building Code Construction-Related Training Fund, grants in the form of reimbursement funding to the following organizations that administer code-related training events, seminars, or classes:[.]

(i) construction trade associations; or

(ii) professional associations;

([b]c) costs or expenses incurred as a result of [~~educational~~]code events, seminars, or classes directly administered by the Division;

([c]d) expenses incurred for the salary, benefits , or other compensation and related expenses resulting from the employment of a Board Secretary;

([d]e) office equipment and associated administrative expenses required for the performance of the duties of the Board Secretary, including but not limited to computer equipment, telecommunication equipment and costs and general office supplies; and

([e]f) other related expenses as determined by the Division.

(3) The following procedure shall be used for submission, review , and payment of funding grants:

(a) A funding grant applicant shall submit a completed [~~"Application for Building Code Training Funds Grant" or a "Factory Built Housing Education Grant Application" a minimum of~~]application on forms provided for that purpose by the Division, at least 15 days prior to the meeting at which the request is to be considered , and prior to the training event[~~on forms provided for that purpose by the Division~~]. Applications received less than 15 days prior to a meeting may be denied.

(b) Payment of approved funding grants [~~will~~]shall be made as reimbursement after:

(i) the approved event, class, or seminar has been held ; and

(ii) [~~and~~ ]the required receipts, invoices, and supporting documentation, including proof of payment[,] if requested by the Division or Committee, have been submitted to the Division.

(c) Approved funding grants shall be reimbursed only for eligible expenditures which have been executed in good faith with the intent to ensure the best reasonable value.

(d)(i) A Request for Reimbursement of an approved funding grant shall be submitted to the Division within 60 days following the approved event, class, or seminar, unless an extenuating circumstance occurs. Written notice [~~must~~]shall be given to the Division of such an extenuating circumstance.

(ii) Failure to submit a Request for Reimbursement within 60 days shall result in non-payment of approved funds, unless an extenuating circumstance has been reviewed and accepted by the Division.

(4) The Committee shall consider the following in determining whether to recommend approval of a proposed funding request to the Division:

(a) the fund balance available and whether the proposed request meets the overall training objectives of the fund, including[ ~~but not limited to~~]:

(i) the need for training on the subject matter;

(ii) the need for training in the geographical area where the training is offered; and

(iii) the need for training on new codes being considered for adoption;

(b) whether the grant applicant agrees to charge a cost for the training event, class, or seminar which is uniform across al categories of attendees;

(i) whether the subject matter taught was appropriate;

(ii) whether the instructor was appropriately qualified and prepared; and

(iii) whether the program sponsor followed appropriate and adequate procedures and requirements in providing the training and submitting requests for funding;

(d) costs of the facility , including:

(i) the location of a facility or venue, or the type of event, seminar , or class;

(ii) the suitability of said facility or venue with regard to the anticipated attendance at or in connection with additional non-funded portions of an event or conference;

(iii) the duration of the proposed [~~educational~~ ]event, seminar, or class; and

(iv) whether the proposed cost of the facility is reasonable compared to the cost of alternative available facilities;

(e) the estimated cost for instructor fees , including:

(i) a reimbursement rate not to exceed $150 per instruction hour without further review and approval by the Committee;

(ii) the experience or expertise of the instructor in the proposed training area;

(iii) the quality of training based upon events, seminars or classes that have been previously taught by the instructor;

(iv) the drawing power of the instructor, meaning the ability to increase the attendance at the proposed educational event, seminar, or class;

(v) travel expenses; and

(vi) whether the proposed cost for the instructor or instructors is reasonable compared to the costs of similar [~~educational~~ ]events, seminars, or classes;

(f) the estimated cost of advertising materials, brochures, registration , and agenda materials, including:

(i) printing costs that may include creative or design expenses;

(ii) whether printed materials comply with Subsection (4)(b); and

(iii) delivery or mailing costs;

(g) other reasonable and comparable cost alternatives for each proposed expense item;

(h) other information the Committee reasonably believes may assist in evaluating a proposed expenditure; and

(i) a total reimbursement rate of the lesser of $10 per student hour or the cost of all approved actual expenditures.

(5) The Division, after consideration and recommendation of the Committee, based upon the criteria in Subsection (4), may reimburse the following items in addition to the lesser of $10 per student hour or the cost of all approved actual expenditures:

(a) text books, code books, or code update books;

(b) cost of one Division licensee mailing list per provider per two-year renewal period;

(c) cost incurred to upload continuing education hours into the Division's online registry for contractors, plumbers, electricians , or elevator mechanics; and

(d) reasonable cost of advertising materials, brochures, registration and agency materials, including:

(i) printing costs that may include creative or design expenses; and

(ii) delivery or mailing costs.

(6) Joint function.

(a) "Joint function" means a proposed event, class, seminar, or program that provides code or [~~code related~~]code-related training or factory built housing education, and education or activities in other areas.

(b) Only the prorated portions of a joint function that apply to the purposes of a separate fund[~~are code and code related or factory built housing education~~] are eligible for a funding grant from that fund.

(i) the expenses subject to funding are reasonably prorated for the costs directly related to the [~~code and code amendment or factory built housing education~~]purposes of the separate fund; and

(ii) the education being proposed will be reasonable and successful in the training objective in the context of the entire program or event.

(7) Advertising materials, brochures , and agenda or training materials for a Building Code Training funded [~~educational~~ ]event, seminar, or class shall include a statement that acknowledges that partial funding of the [~~training~~ ]program has been provided by the Utah Division of Occupational and Professional Licensing from the 1% surcharge funds on all building permits.

(8) Advertising materials, brochures , and agenda or training materials for a Factory Built Housing Fees Account funded educational event, seminar, or class shall include a statement that acknowledges that partial funding of the training program has been provided by the Utah Division of Occupational and Professional Licensing from surcharge fees on factory built housing sales.

(9) If an approved event or joint event is not held, no amount is reimbursable [~~with the exception of~~]except for the costs described in Subsection (5)(d).

R156-15A-232. Administration of the Office of the Property Rights Ombudsman's Land Use Fund.

In accordance with Subsection 15A-1-209(5)(c)(iii) and Section R156-15A-230, the following procedures, standards, and policies are established for the administration of the Ombudsman's Land Use Fund:

(1)(a) The Ombudsman shall use the Land Use Fund to pay its expenses, including personnel salaries, course development costs, travel, and other related expenses as agreed upon by the Ombudsman and the Department of Commerce, that are incurred as a result of:

(i) administering the Land Use Fund;

(ii) conducting training activities under Subsection 13-43-203(1)(g); and

(iii) creating, compiling, and updating model land use ordinances.

(b) Expenses paid to the Ombudsman under this Subsection (1) shall first be approved by:

(i) the Advisory Board; and

(ii) the Department's executive director.

(2) The Ombudsman shall use the Land Use Fund to provide grants to providers of land use training programs, as follows:

(a) Eligibility Criteria.

(i) To be eligible to receive funds, the provider's program shall primarily provide training on Utah land use law, and in particular the drafting and application of land use laws and regulations.

(ii) Program training may take the form of live or prerecorded seminars or lectures, continuing education programs, video production, or development and distribution of training materials and written information.

(iii) The following factors shall apply to the consideration of whether to approve, approve with conditions, or deny a grant request:

(A) previous experience in providing training;

(B) cost estimates, including cost-per-attendee estimates;

(D) whether the training addresses current Utah land use law, issues, and best practices;

(E) how well the text relates to the course objectives;

(F) the target audience - for example, whether the education is targeted for land use officials such as commissioners, council members, etc.;

(G) the expected number of students, hours of instruction, and the ratio of students per dollar spent;

(H) the location or region of the state targeted by the education;

(I) the percentage of training costs paid for by the student;

(J) any other considerations deemed important by the Advisory Board, the Ombudsman, and the Department; and

(K) available funds.

(b) Reimbursement Criteria.

(i) Funds may be expended only as reimbursement for expenditures incurred in providing land use training.

(ii) Reimbursement for instructor fees shall be limited to $150 per hour per instructor and to $3,000 total for all instructors per day, including travel and meals. Any excess instructor fees, including honoraria for keynote speakers, shall require further justification, review, and approval. Instructor fees may not be paid to State or local government employees if the instructor is also being paid wages for the same time period.

(iii) Reimbursement for instructor meals, mileage, and lodging may not exceed current State of Utah rates for mileage and daily travel per diem.

(iv) Reimbursement for other expenses such as workbooks, study guides, textbooks used in the education course, meeting rooms or facilities, audio/visual equipment rental costs, if needed, printing costs, advertising and publication costs, and mailing, postage and handling costs, shall be approved as needed.

(v) Programs that charge a fee to attendees are eligible for reimbursement on a net cost basis after subtracting collected student fees and sponsorships. Any items that do not qualify for State funding shall be paid for by the participant or sponsor of the program.

(vi) The Ombudsman, Land Use Fund manager, and the Department may in their joint discretion grant approval based upon a total per student reimbursement rather than an actual cost reimbursement.

(i) A funding grant applicant shall submit a completed Request for Land Use Training Funds application to the Ombudsman on a form provided for that purpose by the Ombudsman. The application shall require a description of the proposed land use training program, including program objectives, instructors, target audience, and budget, and may encompass other criteria including that set forth in Subsection (2)(a).

(ii) The Ombudsman shall submit the completed Request for Land Use Training Funds application to the Advisory Board for selection or proposal by the Advisory Board. The submission, selection, or proposal may be done in person or by electronic means in accordance with Title 63G.

(iii) A Request for Land Use Training Funds application selected or proposed by the Advisory Board shall then be reviewed by the Ombudsman's director, the Land Use Fund's manager, and the Department's executive director, or their designees. They may jointly approve the application, approve the application with conditions, or deny the application.

(iv) To apply for reimbursement based on an approved Request for Land Use Training Funds application, the approved program shall submit one or more completed Request for Reimbursement forms to the Ombudsman as follows:

(A) The Request for Reimbursement shall be on a form provided by the Ombudsman for that purpose, and shall include receipts, invoices, and supporting documentation of expenditures, including proof of payment if requested by the Ombudsman or the Department of Commerce.

(B) The complete Request for Reimbursement shall be submitted within 60 days following the approved event, class, or seminar, unless an extenuating circumstance occurs. Written notice shall be given to the Ombudsman of such an extenuating circumstance. Failure to submit a complete Request for Reimbursement within 60 days shall result in non-payment of approved funds, unless an extenuating circumstance has been reviewed and accepted by the Ombudsman.

(v) A Request for Reimbursement accepted by the Ombudsman for review shall then be reviewed by the Ombudsman director, the Land Use Fund manager, and the Department executive director or their designees, and may be approved, approved with conditions, or denied.

(vi) Reimbursement funds may be paid only:

(A) for eligible expenditures which have been executed in good faith with the intent to ensure the best reasonable value; and

(B) pursuant to a Request for Reimbursement form that has been signed as approved by the Ombudsman director, the Land Use Fund manager, and the Department executive director, or their designees.

[ ~~R156-15A-301. Factory Built Housing Dispute Resolution.~~

~~In accordance with Subsection 15A-1-306(1)(f)(i), the dispute resolution program is defined and clarified as follows:~~

~~(1) Persons with manufactured housing disputes may file a complaint with the Division.~~

~~(2) The Division shall investigate such complaints and as part of the investigation may take any of the following actions:~~

~~(a) negotiate an informal resolution with the parties involved;~~

~~(b) take any informal or formal action allowed by any applicable statute, including but not limited to:~~

~~(A) pursuing disciplinary proceedings under Section 58-1-401;~~

~~(B) assessing civil penalties under Subsection 15A-1-306(2); and~~

~~(C) referring matters to appropriate criminal prosecuting agencies and cooperating or assisting with the investigation and prosecution of cases by such agencies.~~

~~(3) In addition, persons with manufactured housing disputes may pursue a civil remedy.~~]

KEY: contractors, building codes, building inspections, licensing

Date of Enactment or Last Substantive Amendment: [~~September 26, 2016~~]2019

Notice of Continuation: June 20, 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 15A-1-204(6); 15A-1-205