No. 31141 (Amendment): R156-56. Utah Uniform Building Standard Act Rules

DAR File No.: 31141
Filed: 04/14/2008, 11:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division is proposing changes to the rule to adopt amendments to the building codes approved by the Uniform Building Code Commission after review by various subcommittees. This proposed amendment is filed as a separate rule filing because it is anticipated that the proposed amendment may be controversial and therefore, if it is changed or not implemented, it will not affect the implementation of other proposed amendments in other filings that need to go forward. Primarily electricians involved in performing construction are in favor of this proposed amendment because they are trained directly from the National Electrical Code (NEC) and very rarely from the International Residential Code (IRC) because the IRC electrical provisions are derived from the NEC. However, many persons want the IRC to stand on its own. The problem with that approach is the IRC itself does not stand on its own but provides that if more complicated or larger capacity electrical equipment is installed in a residence, the NEC applies because they are not provided for in the IRC. (DAR NOTE: the other proposed amendments are: to Rule R156-56 under DAR No. 31139; to Section R156-56-803 under DAR No. 31140; and to Section R156-56-701 under DAR No. 31142 all in this issue, May 1, 2008, of the Bulletin.)

Summary of the rule or change:

In Section R156-56-302, an amendment is proposed to clarify the scope of practice of a residential electrical inspector who is certified by the International Code Council (ICC) under the IRC and will allow them to complete inspections of the comparable provisions in the NEC. This clarification is needed as a result of how the resolution of conflicting code provisions is resolved as discussed below. A new subsection R156-56-802(2) was created and added that in addition to all references to the ICC Electrical Code being deleted and replaced with the National Electrical Code (NEC), all electrical provisions of Part VIII are also deleted and replaced with the NEC. This proposed amendment eliminates a conflict between the IRC and the NEC codes. The IRC electrical code provisions are taken from the NEC but are stated in a simplified version that is only required for simple residential construction. The conflict results because the IRC is updated a year after the updates to the NEC are made. A year after the NEC is updated, the IRC is updated by following the latest NEC code. Once the IRC is updated, the codes no longer conflict. With the three-year cycle for each code and the IRC cycle being one year behind the NEC changes, this results in a conflict of adopted codes for one year out of each three-year cycle. It is not practical to delay implementation of the NEC code for an additional year because the NEC has many updates for nonresidential construction which is the bulk of the NEC. Additionally, practically all electricians are trained out of the NEC rather than the IRC. This is because the IRC electrical provisions are the more simplified parts of the NEC. Therefore, the most efficient training for electricians is to simply train on the NEC. Delaying implementation of the NEC would also not be prudent because it would put Utah out of sync with most surrounding states and states across the nation. The elimination of the electrical provisions of the IRC and replacing it with the NEC is being proposed in order to implement the NEC changes that are applicable to residential construction at the same time the NEC is adopted for all other construction.

State statutory or constitutional authorization for this rule:

Section 58-56-1 and Subsections 58-1-106(1)(a), 58-1-202(1)(a), 58-56-4(2), and 58-56-6(2)(a)

Anticipated cost or savings to:

the state budget:

The division anticipates any cost impact of this proposed amendment will be minimal. If a resolution of the conflicting codes is not adopted, all parties affected may have problems determining which code provisions are applicable and could result in higher costs in simply determining which codes apply.

local governments:

The division anticipates any cost impact of this proposed amendment will be minimal. If a resolution of the conflicting codes is not adopted, all parties affected may have problems determining which code provisions are applicable and could result in higher costs in simply determining which codes apply.

small businesses and persons other than businesses:

Small business and persons: the division anticipates any cost impact of this proposed amendment will be minimal. If a resolution of the conflicting codes is not adopted, all parties affected may have problems determining which code provisions are applicable and could result in higher costs in simply determining which codes apply.

Compliance costs for affected persons:

The division anticipates any cost impact of this proposed amendment will be minimal. If a resolution of the conflicting codes is not adopted, all parties affected may have problems determining which code provisions are applicable and could result in higher costs in simply determining which codes apply.

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

No fiscal impact to businesses is anticipated from this rule filing which clears up a conflict between two building codes. Francine A. Giani, Executive Director

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]

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:

06/02/2008

Interested persons may attend a public hearing regarding this rule:

5/15/2008 at 9:00 AM, Sandy City Hall, Room 341, 10000 S Centennial Parkway, Sandy, UT

This rule may become effective on:

06/09/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-56. Utah Uniform Building Standard Act Rules.

R156-56-302. Licensure of Inspectors.

In accordance with Subsection 58-56-9(1), the licensee classifications, scope of work, qualifications for licensure, and application for license are established as follows:

(1) License Classifications. Each inspector required to be licensed under Subsection 58-56-9(1) shall qualify for licensure and be licensed by the division in one of the following classifications:

(a) Combination Inspector; or

(b) Limited Inspector.

(2) Scope of Work. The scope of work permitted under each inspector classification is as follows:

(a) Combination Inspector.

(i) Inspect the components of any building, structure or work for which a standard is provided in the specific edition of the codes adopted under these rules or amendments to these codes as included in these rules.

(ii) Determine whether the construction, alteration, remodeling, repair or installation of all components of any building, structure or work is in compliance with the adopted codes.

(iii) After determination of compliance or noncompliance with the adopted codes take appropriate action as is provided in the aforesaid codes.

(b) Limited Inspector.

(i) A Limited Inspector may only conduct activities under Subsections (ii), (iii) or (iv) for which the Limited Inspector has maintained current certificates under the adopted codes as provided under Subsections R156-56-302(3)(b) and R156-56-302(2)(c)(ii).

(ii) Subject to the limitations of Subsection (i), inspect the components of any building, structure or work for which a standard is provided in the specific edition of the codes adopted under these rules or amendments to these codes as included in these rules.

(iii) Subject to the limitations under Subsection (i), determine whether the construction, alteration, remodeling, repair or installation of components of any building, structure or work is in compliance with the adopted codes.

(iv) Subject to the limitations under Subsection (i), after determination of compliance or noncompliance with the adopted codes, take appropriate action as is provided in the adopted codes.

(c) The scope of practice for a Residential Electrical Inspector who is certified by the International Code Council under the International Residential Code (IRC) is clarified to include residential inspections made under comparable provisions of the National Electrical Code (NEC).

(3) Qualifications for Licensure. The qualifications for licensure for each inspector classification are as follows:

(a) Combination Inspector.

Has passed the examination for and maintained as current the following national certifications for codes adopted under these rules:

(i) the "Combination Inspector Certification" issued by the International Code Council; or

(ii) all of the following certifications:

(A) the "Building Inspector Certification" issued by the International Code Council or both the "Commercial Building Inspector Certification" and the "Residential Building Inspector Certification" issued by the International Code Council;

(B) the "Electrical Inspector Certification" issued by the International Code Council or the "General Electrical Certification" issued by the International Association of Electrical Inspectors, or both the "Commercial Electrical Inspector Certification" and the "Residential Electrical Inspector Certification" issued by the International Code Council;

(C) the "Plumbing Inspector Certification" issued by the International Code Council, or both the "Commercial Plumbing Inspector Certification" and the "Residential Plumbing Inspector Certification" issued by the International Code Council; and

(D) the "Mechanical Inspector Certification" issued by the International Code Council or both the "Commercial Mechanical Inspector Certification" and the "Residential Mechanical Inspector Certification" issued by the International Code Council.

(b) Limited Inspector.

Has passed the examination for and maintained as current one or more of the following national certifications for codes adopted under these rules:

(i) the "Building Inspector Certification" issued by the International Code Council;

(ii) the "Electrical Inspector Certification" issued by the International Code Council or the "General Electrical Certification" issued by the International Association of Electrical Inspectors;

(iii) the "Plumbing Inspector Certification" issued by the International Code Council;

(iv) the "Mechanical Inspector Certification" issued by the International Code Council;

(v) the "Residential Combination Inspector Certification" issued by the International Code Council;

(vi) the "Commercial Combination Certification" issued by the International Code Council;

(vii) the "Commercial Building Inspector Certification" issued by the International Code Council;

(viii) the "Commercial Electrical Inspector Certification" issued by the International Code Council;

(ix) the "Commercial Plumbing Inspector Certification" issued by the International Code Council;

(x) the "Commercial Mechanical Inspector Certification issued by the International Code Council;

(xi) the "Residential Building Inspector Certification" issued by the International Code Council;

(xii) the "Residential Electrical Inspector Certification" issued by the International Code Council;

(xiii) the "Residential Plumbing Inspector Certification" issued by the International Code Council;

(xiv) the "Residential Mechanical Inspector Certification" issued by the International Code Council;

(xv) any other special or otherwise limited inspector certifications used by the International Code Council which certifications cover a part of the codes adopted under these rules including but not limited to each of the following: Reinforced Concrete Special Inspector, Prestressed Concrete Special Inspector, Structural Masonry Special Inspector, Structural Steel and Bolting Special Inspection, Structural Welding Special Inspection, Spray Applied Fire Proofing Special Inspector, Residential Energy Inspector, Commercial Energy Inspector;

(xvi) the Certified Welding Inspector Certification issued by the American Welding Society;

(xvii) any other certification issued by an agency specified in Chapter 17 of the IBC or an agency specified in the referenced standards; or

(xviii) any combination certification which is based upon a combination of one or more of the above listed certifications.

(c) If no qualification is listed in the IBC for a special inspector, the special inspector may submit his qualifications to the licensing board for approval.

(4) Application for License.

(a) An applicant for licensure shall:

(i) submit an application in a form prescribed by the division; and

(ii) pay a fee determined by the department pursuant to Section 63-38-3.2.

(5) Code transition provisions.

(a) If an inspector or applicant obtains a new, renewal or recertification or replacement national certificate after a new code or code edition is adopted, the inspector or applicant is required to obtain that certification under the currently adopted code or code edition.

(b) After a new code or new code edition is adopted under these rules, the inspector is required to re-certify their national certification to the new code or code edition at the next available renewal cycle of the national certification.

(c) If a licensed inspector fails to obtain the national certification as required in Subsection (a) or (b), their authority to inspect for the area covered by the national certification automatically expires at the expiration date of the national certification that was not obtained as required.

(d) If an inspector recertifies a national certificate on a newer edition of the codes adopted before that newer edition is adopted under these rules, such recertification shall be considered as a current national certification as required by these rules.

(e) If an inspector complies with these transition provisions, the inspector shall be considered to have a current national certification as required by these rules.

 

R156-56-802. Statewide Amendments to the IRC.

The following are adopted as amendments to the IRC to be applicable statewide:

(1) All statewide amendments to the IBC under Section R156-56-801, the NEC under Section R156-56-806, the IPC under Section R156-56-803, the IMC under Section R156-56-804, the IFGC under Section R156-56-805 and the IECC under Section R156-56-807 which may be applied to detached one and two family dwellings and multiple single family dwellings shall be applicable to the corresponding provisions of the IRC.

(2) All references to the ICC Electrical Code and all electrical provisions of Part VIII are deleted and replaced with the National Electrical Code adopted under Section R156-56-701(1)(b).

(2) Section 106.3.2 is deleted and replaced with the following:

106.3.2 Previous approval. If a lawful permit has been issued and the construction of which has been pursued in good faith within 180 days after the effective date of the code and has not been abandoned, then the construction may be completed under the code in effect at the time of the issuance of the permit.

(3) In Section 109, a new section is added as follows:

R109.1.5 Weather-resistive barrier and flashing inspections. An inspection shall be made of the weather-resistive barrier as required by Section R703.1 and flashings as required by Section R703.8 to prevent water from entering the weather-resistant exterior wall envelope.

The remaining sections are renumbered as follows:

R109.1.6 Other inspections

R109.1.6.1 Fire-resistance-rated construction inspection

R109.1.6.2 Reinforced masonry, insulating concrete form (ICF) and conventionally formed concrete wall inspection

R109.1.7 Final inspection.

 

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KEY: contractors, building codes, building inspection, licensing

Date of Enactment or Last Substantive Amendment: [January 1, ]2008

Notice of Continuation: March 29, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1; 58-56-4(2); 58-56-6(2)(a); 58-56-18