No. 29863 (Amendment): R156-56. Utah Uniform Building Standard Act Rules.

DAR File No.: 29863
Filed: 04/26/2007, 12:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This is a separate rule filing for building inspector unprofessional conduct rules, citation fine schedule for building inspectors, and factory built housing dealers and building inspector licensing requirements. This is a separate rule filing from the other rule filings affecting Rule R156-56 because building inspector requirements are overseen by the Building Inspector Licensing Board rather than the Uniform Building Code Commission which oversees the building codes adopted under the Uniform Building Standards Act. The Building Inspector Licensing Board has approved this filing. There are three purposes for this rule filing: 1) Section R156-56-302 clarifies and adds qualifications for limited inspector licenses. Limited inspectors may be required to perform certain special inspections required by the building codes; 2) Section R156-56-501 is to publish the fine schedule for citations issued under Section 58-56-9.1. H.B. 135 was passed during the 2007 legislative session which gave the Division citation authority over factory built housing dealers and building inspectors; and 3) the changes in Section R156-56-502 are to delete the unprofessional conduct provisions that have now been added to Title 58, Chapter 56, as a result of H.B. 135 passed during the 2007 legislative session.(DAR NOTES: The other filings for Rule R156-56 are: changes to Section R156-56-704 under DAR No. 29864; different changes to Section R156-56-704 under DAR No. 29865; and other changes to Rule R156-56 under DAR No. 29866 in this issue, May 15, 2007, of the Bulletin. H.B. 135 (2007) is found at Chapter 145, Laws of Utah 2007, and was effective 04/03/2007.)

Summary of the rule or change:

In Section R156-56-302, adds to the options and clarifies the requirements to obtain a limited inspector license. This includes the qualifications to obtain a limited inspector license to conduct special inspections which are required under the International Building Code (IBC) which has been adopted in Utah. The IBC provides what the qualifications should be for many of these special inspectors, including the Certified Welding Inspector Certification issued by the American Welding Society. The current rule allows only an International Code Council (ICC) certification for Welding Inspectors. This conflicts with the IBC, which allows the Certified Welding Inspector Certification issued by the American Welding Society. These added qualifications are to ensure that when the provisions of the IBC state the qualifications for a special inspector, the licensing requirements for limited inspectors do not conflict with the building code requirements. The IBC also requires special inspections in a number of other areas but the IBC does not always state the qualifications required for such special inspectors. For these inspectors, we have provided that the limited inspector applicants may submit their qualifications to the Division for the limited area in which they propose to inspect, whatever those qualifications may be. The IBC anticipates that the building official will determine if the special inspector is qualified based upon the requirements of the job and the special inspector's education, training and experience, whatever those qualifications may be. However, since Utah statute requires licensure for these special inspectors when they work for compliance agencies, the division needs to provide a means for such applicants to obtain licensure in spite of the fact that the IBC has not stated the qualifications for such special inspectors. Under the proposed rules, these applicants will be allowed to submit the same documentation for licensure that they would be required to submit to the building official under the IBC to obtain approval to make the special inspections. In Section R156-56-501, adds administrative penalties/fines for unlawful conduct. In Section R156-56-502, deletes unprofessional conduct for building inspectors since these provisions are now contained in the statute (Title 58, Chapter 56).

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 these proposed amendments should have no direct effect on the state budget. There may be an indirect effect on the state budget when the state is involved in construction projects which involve employment of special building inspectors. Since the added option for special building inspectors would result in potential savings to affected parties, if there is an indirect impact, it would be a savings. Due to such varying factors, the Division is unable to determine an amount of potential savings.

local governments:

The Division anticipates these proposed amendments should have no direct effect on local government budgets. There may be an indirect effect on the local government budget when the local government is involved in construction projects which involve employment of special building inspectors. Since the added option for special building inspectors would result in potential savings to affected parties, if there is an indirect impact, it would be a savings. Due to such varying factors, the Division is unable to determine an amount of potential savings.

other persons:

The proposed amendments will allow special inspectors who are qualified by terms of the IBC to obtain a limited inspector license without meeting additional training and testing requirements that are not needed for special inspectors who will conduct special inspections in very limited areas. Normally, the cost to obtain the additional training and ICC certificates under existing rules could be up to several hundred dollars per applicant. It is unknown how many persons this would affect but the Division estimates that it would be under 40 persons. The cost impact of paying for a citation will be the amount specified in the fine schedule. The Division is unable to determine how many persons the fine schedule would affect as it depends on how many persons engage in misconduct that is a citable offense. Although the fine schedule is implemented in rule, the overall financial impact is no different than the impact imposed by the new statute change which gave the Division citation authority. There is no cost or savings regarding the change in unprofessional conduct rules. This is because even though the unprofessional conduct is now in the statute rather than this rule, there is no change in the underlying requirements that have been in effect.

Compliance costs for affected persons:

The proposed amendments will allow special inspectors who are qualified by terms of the IBC to obtain a limited inspector license without meeting additional training and testing requirements that are not needed for special inspectors who will conduct special inspections in very limited areas. Normally, the cost to obtain the additional training and ICC certificates under existing rules could be up to several hundred dollars per applicant. It is unknown how many persons this would affect but the Division estimates that it would be under 40 persons. The cost impact of paying for a citation will be the amount specified in the fine schedule. The Division is unable to determine how many persons the fine schedule would affect as it depends on how many persons engage in misconduct that is a citable offense. Although the fine schedule is implemented in rule, the overall financial impact is no different than the impact imposed by the new statute change which gave the Division citation authority. There is no cost or savings regarding the change in unprofessional conduct rules. This is because even though the unprofessional conduct is now in the statute rather than this rule, there is no change in the underlying requirements that have been in effect.

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

This rule filing clarifies the qualifications for limited inspector licenses, publishes the fine schedule for citations as required by statute, and removes an unnecessary provision regarding unprofessional conduct that is now codified into the umbrella statute. No fiscal impact to businesses is anticipated beyond those discussed in the rule summary. 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:

06/14/2007

Interested persons may attend a public hearing regarding this rule:

5/15/2007 at 9:00 AM, State Office Building, Room 4112, Salt Lake City, UT

This rule may become effective on:

06/22/2007

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.

(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;[ or]

(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.

 

R156-56-501. [Reserved]Administrative Penalties - Unlawful Conduct.

[Reserved.]In accordance with Subsections 58-56-9.1 and 58-56-9.5, unless otherwise ordered by the presiding officer, the following fine schedule shall apply:

(1) Engaging in the sale of factory built housing without being registered.

First offense: $500

Second offense: $1,000

(2) Selling factory built housing within the state as a dealer without collecting and remitting to the division the fee required by Section 58-56-17.

First offense: $500

Second offense: $1,000

(3) Acting as a building inspector or representing oneself to be acting as a building inspector, unless licensed or exempted from licensure under Title 58, Chapter 56 or using the title building inspector or any other description, words, letters, or abbreviation indicating that the person is a building inspector if the person has not been licensed under Title 58, Chapter 56.

First offense: $500

Second offense: $1,000

(4) Acting as a building inspector beyond the scope of the license held.

First offense: $500

Second offense: $1,000

(5) Hiring or employing in any manner an unlicensed person as a building inspector, unless exempted from licensure.

First offense: $800

Second offense: $1,600

(6) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Section 58-56-9.5.

(7) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(8) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

(9) In all cases the presiding officer shall have the discretion, after a review of the aggravating or mitigating circumstances, to increase or decrease the fine amount based on the evidence reviewed.

 

R156-56-502. [Unprofessional Conduct - Building Inspectors]Reserved.

Reserved.["Unprofessional conduct" includes:

(1) knowingly failing to inspect or issue correction notices for code violations which when left uncorrected would constitute a hazard to the public health and safety and knowingly failing to require that correction notices are complied with;

(2) the use of alcohol or the illegal use of drugs while performing duties as a building inspector or at any time to the extent that the inspector is physically or mentally impaired and unable to effectively perform the duties of an inspector;

(3) gross negligence in the performance of official duties as an inspector;

(4) the personal use of information or knowingly revealing information to unauthorized persons when that information has been obtained by the inspector as a result of their employment, work, or position as an inspector;

(5) unlawful acts or acts which are clearly unethical under generally recognized standards of conduct of an inspector;

(6) engaging in fraud or knowingly misrepresenting a fact relating to the performance of duties and responsibilities as an inspector;

(7) knowingly failing to require that all plans, specifications, drawings, documents and reports be stamped by architects, professional engineers or both as established by law;

(8) knowingly failing to report to the Division any act or omission of a licensee under Title 58, Chapter 55, which when left uncorrected constitutes a hazard to the public health and safety;

(9) knowingly failing to report to the Division unlicensed practice by persons performing services who are required by law to be licensed under Title 58, Chapter 55;

(10) approval of work which materially varies from approved documents that have been stamped by an architect, professional engineer or both unless authorized by the licensed architect, professional engineer or both; and

(11) failing to produce verification of current licensure and current certifications for the codes adopted under these rules upon the request of the Division, any compliance agency, or any contractor or property owner whose work is being inspected.]

 

KEY: contractors, building codes, building inspection, licensing

Date of Enactment or Last Substantive Amendment: [March 27, ]2007

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)