Commerce, Occupational and Professional Licensing

Rule R156-56

Building Inspector and Factory Built Housing Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35735
Filed: 01/31/2012 08:00:36 AM

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 regulation of factory built housing and up until 2011 the adoption of building codes and amendments 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. Prior to 2011 legislative statute changes, Subsections 58-56-4 and 58-56-5(10) provided 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 licensing of building inspectors, regulation of factory built housing, and prior to 2011 the adoption of building codes and amendments made thereto. It should also be noted that in 2011 the adoption of building codes and amendments made thereto were moved to Title 15A and rules associated with that title.

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 March 2007, it has been amended seven times. The Division received the following written comments with respect to proposed amendments filed in early 2008. Two letters, both dated 05/28/2008, from Paul Hayward in which he opposed proposed building code amendments in Section R156-56-803 with respect to plumbing amendments to encourage water conservation throughout the state. A 05/01/2008 letter from Anne vonWeller, Murray City Public Services Deputy Director, provided additional information in response to public comments with respect to water conservation zones. A 03/18/2008 letter from Ron Ivie, building official, offered comments regarding a possible $20,000 expenditure by his jurisdiction which would be necessary to conform to the Legislature's stated and mandated form and permit numbering system. The following written comments received all supported proposed amendments with respect to construction of assisted living centers: 04/30/2008 letter from Representative Becky Lockhart; 04/21/2008 letter from Mary Edmondson, Sunrise Senior Living; 04/18/2008 letter from Richard Grimes, Assisted Living Federation of America; 04/16/2008 letter from Paul Fairholm, President of Utah Assisted Living Association; and 04/16/2008 letter from Dana Webster, Western States Lodging and Management. The Division also received an undated article entitled "Could It Happen Here?" by Steve Lutz which was reprinted from Straight Tip Magazine, January 2008 with respect to Wildland Urban Interface. The following written comments received all opposed proposed amendments to delete electrical provisions from the International Residential Code (IRC) Part VIII and replace it with the 2008 National Electrical Code (NEC) dwelling requirements: 04/30/2008 letter from Gilbert Gonzales; 04/28/2008 letter from Edmund C. Domian, West Valley City building official; and undated letter from Ryan Jackson. Based on additional review of written comments received and comments offered during a public rule hearing on May 15, 2008, the Division in consultation with the Uniform Building Code Commission made effective proposed amendments filed under DAR File Nos. 31139 and 31142 (re: Urban Wildland Interface Code) with no additional changes. However, proposed rule amendments filed under DAR No. 31140 with respect to water conservation zones and DAR No. 31141 with respect to IRC and NEC conflicts were allowed to lapse and were not made effective by the Division. The Division also received a 05/30/2007 email from Anne vonWeller in which she notified the Division of International Building Code (IBC) final action regarding proposed changes to the IBC for the code change cycle which in turn would affect the Division's proposed amendments under DAR No. 29865.

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 provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 56, with respect to building inspectors and factory built housing. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

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

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

01/31/2012