No. 29745: R156-56. Utah Uniform Building Standard Act Rules

DAR File No.: 29745
Filed: 03/29/2007, 11:19
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 56, provides for the licensure of building inspectors and for the adoption of building codes and amendments made to those codes. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-56-8.5(3) provides that the Building Inspector Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. Subsections 58-56-5(10)(a) and (b) provide that the Uniform Building Code Commission may recommend to the director of the Division appropriate rules with respect to building codes. This rule was enacted to clarify the provisions of Title 58, Chapter 56, with respect to the licensing of building inspectors and the adoption of building codes and amendments made thereto.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in May 2002, it has been amended several times, usually one-two times per year. In November 2002, the Division received over 100 written comments regarding proposed amendments to the rule. The written comments received by the Division are too numerous to specifically list here. However, a summary of the comments is provided. The majority of the written comments received opposed the deletion of a National Electrical Code amendment relating to arc fault circuit interrupters (AFCI) on bedroom circuits. Some of the written comments received in November 2002 supported a proposed amendment in Section R156-56-704 which removed the requirements to prevent ice and snow buildup on walking surfaces. Also, one of the written comments noted clerical errors in the proposed rule filing. As a result of this written comment, a nonsubstantive rule change was filed on 12/16/2002 to correct the clerical/typographical errors in the rule. As a result of the numerous written comments received by the Division in November 2002 and further discussion between the Division and the Uniform Building Code Commission, both of the proposed amendments regarding AFCIs and ice and snow buildup were allowed to lapse and were not made effective. On 05/15/2003, the Division received an e-mail comment from Kent Bishop (Governor's Office of Planning and Budget) suggesting some wording changes to the rule. A nonsubstantive rule filing was filed on 06/24/2003 which addressed Mr. Bishop's suggested changes. In November and December 2003, the following letters were received regarding proposed amendments to adopt the 2003 International Code Council (ICC) building codes and eliminating the International Association of Plumbing and Mechanical Officials (IAPMO) as a qualifying certification for licensure as a plumbing or mechanical building inspector: a 12/02/2003 letter was received from Dave Levanger/Carbon County Planning and Building Department opposing the proposed amendments; an undated letter from Barry Formo requesting the Commission to conduct a comparative analysis of the ICC and the C3 code sets and state amendments; a 11/20/2003 letter from Kevin Croshaw, Logan Building Inspection Division, supporting the proposed amendments; a 11/21/2003 letter from Kevin Croshaw, Logan Building Inspection Division, requesting the Commission to reconsider a proposed amendment regarding International Residential Code (IRC) exterior landings; a 11/26/2003 e-mail from Dwight Perkins, IAPMO regional manager, opposing amendments to adopt the 2003 edition of the ICC code and licensure of inspector amendments; a 11/25/2003 e-mail from Chuck Hugo, Provo City Building Office, supporting the adoption of the proposed amendments; a 11/19/2003 e-mail from Wesley Greenhalgh, Heber City Building Official, supporting the adoption the proposed amendment to eliminate IAPMO certification in the licensure of building inspectors; a 11/19/2003 e-mail from Mark Schmid, Morgan City Building Official, regarding evaluation of National Fire Protection Association (NFPA)/IAPMO codes in Utah; a 11/17/2003 e-mail from John Nelson, Cache County Building Official, supporting the adoption of the 2003 ICC code; and a 12/01/2003 letter from Larry E. Facer opposing the proposed rule amendment with respect to the licensure of building inspectors. All of the written comments received were reviewed by the Uniform Building Code Commission and the Division and the proposed rule amendments with no further changes were made effective on 01/01/2004. In response to proposed amendments filed with respect to the rule in April 2004, the Division received the following letters: an 04/30/2004 e-mail from Carl Eriksson suggesting grammatical changes to the rule and a 05/06/2004 letter from Kevin Croshaw, Logan Building Official, opposing an amendment regarding exterior landing requirements in the International Residential Code (IRC). As a result of written comments received and comments offered during a 05/17/2004 rule hearing, a change in proposed rule filing was filed in June 2004 to delete the proposed state amendment to the IRC regarding landing requirements and to make the suggested grammatical changes. The change in proposed rule filing was made effective on 08/17/2004. The Division received no written comments with respect to proposed rule filings made with respect to this rule in 2005. In response to proposed amendments filed with respect to the rule in October 2006, the Division received a 11/17/2006 letter and enclosures from Kenneth Mitchell, President, Utah Home Builders Association of Utah, regarding proposed amendments involving stair geometry. After further review and discussion by the Division and Uniform Building Code Commission, the Division allowed the proposed rule filing regarding stair geometry (DAR No. 29079) to lapse and not become effective.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it clarifies the provisions of Title 58, Chapter 56, with respect to building inspectors and the regulation of building codes. This rule should also be continued as it enables the state and its jurisdictions to utilize the most current building codes.

The full text of this rule may be inspected, during regular business hours, at the Division 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:

Dan S. Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Authorized by:

F. David Stanley, Director