Summary


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).