Appendix B: Examples of Various States' Building Code Practices 44 Appendix B Examples of Various States' Building Code Practices In addition, the examples below describe the variety of practices used in administering codes and enforcement. Even though some states have building codes, their mechanisms for enforcement are poor. This is often the case in smaller communities that do not have an inspection staff and in states that have just adopted statewide codes. Each state varies, and what works United States in one state may not work in an- other. The purpose of these ex- amples is to give you ideas on what has been tried and how such a system might work in your state. The adoption of a statewide build- ing code with seismic provision will save lives when an earthquake or disaster occurs. FIGURE B.1 This appendix describes Code administration varies by state. the building code practices of Arkansas, As noted in chapter 4, some states The case study information was California,Kentucky, Massachusetts, require local code adoption, some collected from the National Confer- South Carolina, and Utah. have mandatory state codes, and ence of States on Building Codes others have no requirement at all. and Standards, Inc.,' augmented Typically where there is no compre- through a series of interviews. A list hensive statewide building code the of interviewees is included at the state regulates through individual end of this appendix. standards some of the following: fire safety, building accessibility, manu- Arkansas factured housing, health facilities, swimming pools, schools, and Adoption and Revision plumbing. Arkansas' first building code, the The case examples given below Arkansas Fire Protection Code, demonstrate the wide range of adopted in 1955, applies to all practices used. States such as South buildings in Arkansas. The state fire Carolina and California have had marshal is part of the state police building codes with seismic provi- department, and is charged with sions for some time. Other states enforcing the Arkansas Fire Preven- have recently adopted a statewide tion Code as well as other functions. building code with seismic provi- Because of the code, the state must sions. Usually, the move to adopt a adopt the most recent fire and statewide building code is in building codes from SBCCI. response to a natural disaster or serious fire. This illustrates the point The state fire marshal delegates that the best time to act is right after plan review to local fire marshals as a disaster occurs. Awareness of the is permitted by the code. Local need for building codes is highest at municipalities having building code this time. departments can pass building Examples ofVarious States' Building Code Practices 45 codes at least as stringent as the engineer. The act does not apply to residential structures of four units state's. It * 4 4 4 or less, nor to agricultural struc- Code updates are determined tures. Another key element of the As mentioned in Chapter 4, administratively. New versions of adt is that it specifies a penalty of seismic advisory councils can help the SBCCI codes are reviewed by the $1,000 per day of violation. reduce earthquake hazards in state fire marshal and a committee many different ways. The Arkan- of design professionals, fire fighters, Although the state already has a sas example proves that point. building code, Act 1100 legisla- and others. The fire marshal's office Established in December 1984, makes appropriate amendments and tively underscores that the state vith 17 members, the Earthquake sends the proposed code out for requires seismic design, estab- Advisory Council consists of lishes zones more specific than public comments. The recom- representatives from state agen- mended code is then approved by those in the SBC, is self-updating cies, utilities, universities, hospi- the state legislative council and sent by the most recent published SBC, tals, local agencies, and other to the secretary of state. There is no and sets forth penalties for non- interested parties. The Council is compliance. prescribed schedule for code update: open to additional, members, if The fire marshal determines when they can carry the Council's the code should be updated. Arkan- Enforcement message to an important constitu- sas, generally, tries to update its ency! Some larger towins (such as West code every time a new edition of the Memphis, Blytheville, and The Council has been very Standard Building Code (SBC) is Jonesboro) have building depart- successful in providing a forum published. ments and are well equipped to for most of the major constituen- cies to get together and exchange enforce seismic design and con- Seismic Requirements ideas and alert one another to the struction requirements. However, latest news in the field. Without In March 1991 the Arkansas General enforcement can be a problem in the Arkansas Advisory Council, Assembly chose to emphasize the smaller communities that do not Act 1100 would never have have inspection staff. Under Act importance of seismic design by happened. The Council devel- enacting Act 1100, "An Act to 1100 enforcement mechanisms oped the idea several years before Safeguard Life, Health, and Property probably will continue to be poor. the bill wtlas passed, drafted the Still, the new Act puts much of the by Requiring Earthquake-Resistant bill, argued for seismic codes Design for all Public Structures to be responsibility on professional whenever members gave public engineers, who enforce the Act by Constructed Or Remodeled within presentations, and routed it the Boundaries of this State Begin- their signatures on plans. through the legislature. Their ning September 1, 1991." Introduc- strategy was to create both public For some types of buildings tion of Act 1100 in the legislature and professional support. (hospitals, schools, dormitories, coincided with the aftermath of the places of assembly, department The bill had been a high Loma Prieta, California, disaster; stores, etc.), the state reviews the priority of the Council since its and the bill passed\ with no opposi- plans if there is no local building inception. Refined drafts of the tion votes. It was signed by the official. All state buildings or state- bill had been in progress for about governor on April 9,1991. funded buildings must be re- three years, and it was almost The act requires that all "public vdiewed by State Building Services ready to be introduced. The structures" (buildings open to the (the state architect's office). This timing of the bill coincided waith public as well as all public works) be requirement has only been in the post-Loma Prieta disaster, and designed to resist seismic forces, in existence for the past ten years. A in November 1990 the bill 'as accordance with the minimum memo of understanding has been introduced to the legislature. The bill passed with no opposition requirements of the 1993 revision to established between the Health votes. Department and the Department the 1991 SBC or the latest edition with revisions. of Human Services regarding regulations for hospitals and long- The act specifies the standard term ambulatory care facilities. building code seismic zones to be used for each county, interpreted Code enforcement and plan from Algermissen and Hopper's review is relatively new in Arkan- 1984 U.S. Geological Survey map.2 sas. Prior to the 1970s, most enforcement and review was The structural design must be signed and sealed by a professional voluntary and conducted by 46 Appendix B private architects and engineers. The houses within cities in order to number of staff plan reviewers and ensure the health and safety of the inspectors depends on the size of the occupants of substandard housing. municipality, its location within the A combination code in 1923 encom- state, and its funding sources. passed tenement houses, hotels, and A small city may have two to three dwellings. Amendments in 1951 inspectors, while a city the size of repealed many restrictive require- Little Rock has fifteen to twenty ments and substituted more modern inspectors and six to eight review- concepts and material ratings. ers. Localities most commonly California has enacted statewide charge for permits, plan reviews, standards for housing, mobile home and inspections and are thus capable parks, employee housing, manufac- of supporting a sufficient enforce- tured housing, energy conservation, ment system. fire safety, and handicapped access. There are additional standards for state-owned and -regulated facilities. Seventeen state agencies adopting or proposing building standards have specific authority to regulate con- struction. Codes are mandated by state law. I- The legislature mandates, through the Health and Safety Code, certain uniform model codes that are appli- cable throughout the state. Local jurisdictions enforce the same edition of the model building codes as the state. California uses the Uniform Building Code (UBC) with amend- ments for general building and seismic codes. The adoption of updates occurs i only with the publishing of a new model building code, which occurs FIGURE B.2 This scliool biiildiizg An appeals system is set up every three years. Proposed revisions siistnirzed s a w e dnmag in thc 1933 Lory within the state's code. If building are prepared and documented by the Bmcli, Califomin,qiinke. (Photo: U.S. pcrmits are denied the builder may adopting state agency. Revisions then Dcpt. of Conziizerce, NORA) make an appeal to the commander go through the state administrative of the fire marshal section of the procedures process of publication, Arkansas State Police, then to the public comments, and hearings. appointed state fire marshal, and the head of the Arkansas State Police. If Seismic Requirements a municipality has a building State and local officials in California department, it has the authority to have years of experience with seismic establish a local board of appeals. provisions. California has had seismic provisions since the 1933 Long Beach California earthquake. The original regulations, known as the Field Act, covered Adoption and Revision public schools only. The UBC seismic provisions originated in the work of The first California building laws, the Structural Engineers Association enacted by the legislature in 1909, of California, and have been refined established standards for construc- over the years primarily in response tion and maintenance of tenement to California practice and experience. Examples ofVarious States' Buirding Code Practices 47 In addition, California requires Department of Housing, Buildings mitigation of earthquake hazards in and Construction, which was legislatively created in 1978 as a unreinforced masonry (brick) buildings. SBI 547, enacted in 1986, response to the Beverly Hills Supper Club fire (this occurred in May 1977, requires local governments to killing 160 and injuring 130). The inventory unreinforced masonry buildings and to establish earth- department combines all functions quake hazard mitigation programs, involved in construction of build- ings. The Kentucky Building Code such as retrofit requirements, also includes the Kentucky Plumb- notification of building owners, and ing Code, Kentucky handicapped programs to reduce the number of accessibility requirements, and occupants of unsafe buildings. Kentucky boiler rules. The depart- ment includes the Division of Enforcement Building Codes Enforcement, the Local building departments are the State Fire Marshal's Office, and the primary enforcement agencies in Division of Plumbing Having these California. The requirements programs under one department has charging local building departments simplified coordination of the with the administration of codes are various codes. stated in the California Health and The Board of Housing, Buildings Safety Code, which is enacted by the state legislature. Fifty-eight counties and Construction is responsible for and 490 cities in the state have their adopting and amending the code. own building departments, with The tbv entv-member board is appointed by the governor to plan review and inspection staff represent the spectrum of interests ranging from 1 to 350 people. The related to the building industry. quality of enforcement varies. The State Department of Housing and The Kentucky Building Code is Community Development may updated every three years, follow- assume the responsibility of enforce- ing the publication cycle of BOCA. ment if local action is inadequate. Once the new edition of BOCA is Although the quality of local published, the Department of enforcement varies, for over twenty Housing, Buildings and Construc- years the state has not had to tion analyzes the changes and takes exercise this option. administrative steps to incorporate BOCA into law within a few Local appeal procedures exist, usually involving a local housing months. appeals board. The local building Kentucky code requirements are official normally sits on the board. IF mandatory throughout the state. the board upholds the decision of Local jurisdictions may amend only the building official, the appeal may the fire code, and only to make its continue to the next level of author- requirements more stringent. ity, such as the city council or county board of supervisors, and then, if Seismic Requirements appropriate, to litigation. Kentucky has always incorporated the latest seismic provisions of the Kentucky BOCA code. With the 1992 BOCA code, Kentucky's code is now Adoption and Revision consistent with the NEHRP Provi- sions. As with other states in the Since October 1979 Kentucky has had a state building code, the eastern half of the country, enforce- Kenttck-y Building Code, rhich is ment and local awareness of seismic based on the BOCA NBC. It is requirements still need improve- administered by the Kentucky ment. Professional training pro- 48 Appendix B grams and workshops may be Massachusetts necessary until adequate standards are attained. Adoption and Revision In the late 1800s the Massachusetts Enforcement State Police was empowered to Generally speaking, the state is enforce various laws related to responsible for larger buildings. The building safety. By the early 1900s state reviews plans, issues permits, many local municipalities had and provides inspection for these. promulgated their own building The state employs twelve inspectors regulations. As a result of the and nine plan reviewers. Smaller Coconut Grove fire in 1942 (490 buildings and single-family homes dead), a committee appointed by are handled by local agencies. the governor recommended the Kentucky has a Building Inspectors implementation of a mandatory Certification Program, mandated by state building code, but no action the 1982 General Assembly, under was taken. In 1945 a commission which inspectors must pass appro- again recommended a state uniform priate examinations to become building code. Instead, a State Board certified. of Standards was established in the Department of Public Safety with Communities with qualified authority to prepare and propose personnel can petition to manage all building regulations for adoption by building permit functions them- local municipalities. selves. Six of the larger cities and counties (including Louisville, In 1971 the board of standards Lexington, and Jefferson County) adopted and promulgated the State 0 have done so. Board of Standards Building Code, which was the 1970 BOCA Basic The state depends on design Building Code with certain amend- professionals to sign and take ments. In 1972 the legislature responsibility for their plans. The established a State Building Code department does not have a struc- Commission with authority to tural engineer reviewing plans, so it develop and implement a statewide is particularly important for seismic uniform building code. The first design that a structural engineer state building code was legislatively sign the plans. The code's imple- adopted in 1975 to consolidate the mentation depends on having 351 different codes that existed architects and engineers accept throughout the state. responsibility for their designs. This code creates a common standard for The Massachusetts State Building building professionals across the Code is administered by the State state, an aspect very important to a Board of Building Regulations. The rural state in order to ensure compli- state uses the BOCA National ance by smaller communities. Building Code with many amend- ments. Permit applicants may appeal decisions for any reason, and all Law requires the code to be appeals receive a hearing from a updated at least every five years, but panel selected from among the typically it is updated every two twenty-member board. This system years. Changes to the code are based has been effective in ensuring a fair on local needs rather than BOCA's process. publication schedule. Every May and November public hearings are held and administered by members of the State Board of Building Regulations. Anyone within or Examples ofVarious States' Building Code Practices 49' any existing building that experiences outside the state can propose changes. a change in use, a change in the occupancy numbers, or is substan- tially remodeled. The code then Seismic Requirements provides for the level of seismic Seismic provisions have been upgrading required. This amendment adopted and enforced since the first was made effective in February 1997. edition of the state building code in January 1975. just as with other code Enforcement provisions, the State Board of Building Regulations votes to adopt Every municipality is required by law seismic provisions and local munici- to appoint a building commissioner to palities enforce them. Howrever, the administer and enforce the state code. responsibility for design is placed on Very small towns are permitted to registered professionals. Any regionalize under legislative provi- building 35,000 cubic feet or larger sions, but they must still be overseen must be designed by a qualified by a building commissioner. There are registered professional engmieer or 351 building commissioners within architect, and reviewers generally the state. defer to them. Massachusetts also Since November 1992 Massachu- has a structural engineering peer setts law has required the certification review requirement for certain of building officials. Certification structures. requires an exam and forty-fiv e hours The State Board of Building of continuing education every three Regulations has several advisory years. Because the system grandfa- commuittees, including one for thers current officials, it wT il take seismic issues. The seismic advisory approximately ten years for the effects committee consists of ten structural to become apparent in local practice. engineers who volunteer their The law places enforcement knowlTedge and time to adapt responsibility with local building BOCA's code to the state of lassa- departments, except for state-owned chusetts. The board updated their buildings. Administration of building building codes in February 1997 codes and enforcement for such based on the 1993 BOCA National buildings are conducted by district Building Code and the 1992 N\lEHNRP state inspectors with the Department Provisions. of Public Safety. There are twelve The Massachusetts Emergency inspectors throughout the state, each being responsible for thirty to thirty- Management Agency and the Board of Building Regulations and Stan- two cities within their specified dards have conducted professional jurisdictions. These inspectors also development workshops for build- assist local building commissioners ing officials on seismic construction. and inspectors wvhen necessary. Approximately 500 building officials Massachusetts has more than 600 have received ATC-20 training for building officials throughout the post-earthquake evaluation of state. The actual number of plan buildings. reviewers and inspectors for each city Massachusetts recently enacted depends on the size of municipalities; an amendment regarding seismic for example, Boston has twenty-five safety in existing buildings. Massa- building officials. chusetts has numerous unreinforced The State Building Code Appeals masonry buildings that not only Board, a three-member board consist- existed prior to the adoption of a ing of members -ofthe State Board of statewide code but are historical in Building Regulations staff, holds nature. The amendment requires a appeals hearings twice a month. Local seismic study to be conducted on appeal boards are permitted by law, Appendix B 50 for the city of Charleston in 1907. The city of Columbia followed with its own local building code in 1916. By the mid-1960s a variety of building codes were in use throughout the state with little consistency in construction requirements, causing great confusion among architects, engineers, contractors, and others. By act of the South Carolina General Assembly on June 21,1972, the state authorized the SBC as its first state-approved construction document. This legislation allowed voluntary adoption of this uniform code. When local jurisdictions adopt a code, it must be the SBC. Thus, this requirement has gradually phased out all other codes in the state. When adopting the SBC, local jurisdictions but only three or four exist. Most FIGURE B.3 Tlzefirst Duildiizg code in appellants take their appeals to the must adopt the latest code in print. South Carolirin was n doczrnzeizf iiczdoped state. The appeals board hears by and for Ckarlestoiz in 1907. (Photo: The The legislation prohibits local approximately six to eight cases per Clinrleston Area Coizucizfionnnd Visitors amendments to the adopted building Btireazd hearing. Written decisions are code without approval of the South administered within thirty days Carolina Building Codes Council. after the hearing. This unique system was intended to develop consistency in construction South Carolina practices as well as provide design professionals with a single set of methods that would be acceptable to Adoption and Revision all jurisdictions in the state. Approxi- South Carolina has no required mately half of the local jurisdictions statewide code. Rather, it permits in the state have adopted the SBC. local use of the Standard Building Codes must be updated within a year Code (SBC).The first building code of the SBCCI's publication of the within the state of South Carolina revised SBC, which occurs every was a document developed by and three years. Table B. I South Carolina Code Enforcement Avg. No. of Avg. Population Per Code Enforcement Officers One Code Enforcement Jurisdiction Population Per Jurisdiction Officer 1 485 c 1,000 1.38 3,645 1,000-10,000 2 7,472 10,000-25,000 4.8 7,363 25,000-50,000 7.81 9,302 50,000-100,000 10.86 13,547 > 100,000 Examples ofVarious States' Building Code Practices So by the Office of School Planning, a Seismic Requirements branch of the Department of Educa- Local governments adopt and tion. Staff members are licensed or enforce the seismic requirements of registered architects or engineers and the most recent SEC. Many building are required to pass the Standard inspectors and plan reviewrers, Building Code Test. however, still are not familiar with the seismic provisions. They often Utah leave compliance to the design engineer who signs and seals the plans. Most municipalities in South Adoption and Revision Carolina simply have the engineer Utah adopted the Uwlfornz Building sign an affid'avit or require him or Code (UBC) in 1988. Prior to this date her to take full resp onsibility for each municipality adopted their own seismic compliance. The code code (usually some version of the permits this policy UBC), and there was inconsistency among jurisdictions. Larger municipalities have more knowledgeable building code staff. The code is mandated by state law~T They also have more money to and administered by the Department spend on plan reviewes. Charleston, of Business Regulation. The state for example, pays more attention to legislature established a Uniform seismic provisions than do local Building Code Commission under governments elsewhere in the state. the Department of Business Regula- tion to conduct code updates admin- Enforcement istratively. The Uniform Building Code Commission meets monthly to The administration of codes is consider requests for code amend- entirely at the local level. Smaller municipalities sometimes contract ments. Amendments are published on March 1 and September 1 of each buil ding code enforcement to a year for changes enacted during the larger county jurisdiction. South Carolina has a total of 327 code preceding six-month period. Code enforcement officers, including both up dates usually occur the year following ICBO's publishing of a plan reviewers and code inspectors. Of that number, 228 are certified newr, UBC. For example, the 1991 professionals. Local jurisdictions UBC was adopted in January 1992 determine the necessary number of and the 1994 UB'C wvas adopted in code enforcement officers based on 1995. intensity of local construction Local jurisdictions require state activity. approval to amend the code. The Uniform Building Code Commission The director of South Carolina's Building Codes and Related Services determines if proposed local amend- provided some recent data on ments will be adopted or rejected distribution of code enforcement and, if adopted, whether such personnel, shown in Table B.l. amendments will be statewide or enforced only by the local jurisdic- All appeals go to the local board tion. of appeals, and there is no recourse to the state. If the owner still is Seismic Requirements unsatisfied, he or she can proceed Seismic provisions have been with legal action against the city or county adopted and enforced statewide since 1988, when the UBC was Public building construction is adopted. Prior to that some cities administered by the State Engineers had no code, while others had Office, except for public school already adopted the UBC and thus construction, which is administered 52 Appendix B had seismic provisions. The UBC INTERVIEWS seismic requirements have been Arkansas: widely used in Utah since the mid- Parks Hamon, State Building Services, 1970s. Little Rock (Spring 1994); Dr. James Seismic regulations are adopted Blacklock, Department of Engineering by the state, but they are enforced Technology, University of Arkansas, Little Rock (June 4, 1991); Lt. Ray Carnahan, locally. Larger cities, such as Salt Lake City, have adequate knowledge Commander, Fire Marshal Section, of seismic provisions. However, Arkansas State Police, Little Rock (June 3, 1991); Dan Cicirello, Office of Emergency some smaller municipalities do not adequately enforce the code or do Services, Conway (June 3, 1991); John David McFarland, Chair of Governor's not have qualified personnel. The lack of state oversight is sometimes Earthquake Advisory Council and Senior a problem. Cities and counties do Geologist, Arkansas Geological Commis- not enforce requirements for school sion, Little Rock (June 4, 1991); and Owen district buildings. Rather, the school Miller, State Legislator, Marked Tree (May districts themselves are expected to 22, 1991) meet the requirements of the UBC, California: which not all are prepared to do. Ed King, Chief of Housing Standards, Division of Codes and Standards, Depart- Enforcement ment of Housing and Community Development, Sacramento (Spring 1994) Local municipalities are fully responsible for the administration of Kentucky: building codes. While the state has Jack M. Rhody, Director, Division of no plan reviewers and no building Building Code Enforcement Department inspectors, everyone who inspects of Housing, Buildings and Construction, construction projects must be Frankfort (Spring 1994); Mike Lynch, licensed by the state, which ensures Division of Disaster and Emergency a certain level of competency from Services, Department of Military Affairs, building code enforcers. Frankfort (May 2, 1991); Charles Cotton, Commissioner, Department of Housing, The state board of appeals gets Buildings and Construction, Frankfort involved with appeals in jurisdic- (May 2, 1991); and Professor Mike Cassaro, tions with no local building code of School of Engineering, University of appeals. Most local municipalities, Louisville (May 3, 1991). however, have their own building boards of appeals. Massachusetts: Brian Gore, State Building Code Regula- NOTES tion, Boston (Spring 1994) 1 Mclntrye, Marle, ed., Directory of State South Carolina: Building Codes and Regulations, 4th ed., Gary Wiggins, Director, South Carolina National Conference of States on Building Codes and Regulatory Services, Building Codes and Standards Columbia (Spring 1994) (Herndon, VA), May 1987; and National Conference of States on Building Codes Utah: and Standards, Directory of Building Lawrence Reavely, Department of Civil Codes and Regulations, State Directory, Engineering, University of Utah (Spring 1994); and Roger Evans, City of Salt Lake NCSBCS (Herndon, VA), 1994. City, Building Permits (Spring 1994) 2 See the maps by Algermissen and Hopper in Estimation of Earthquake Effects Associated with Large Earthquakes in the New Madrid Seismic Zone, Hopper, M.G., ed., U.S. Geological Survey Open- File Report 85-457, 1984, 42-51. 53 Appendix B: Sample EnablingActs: Arkansas Kentucky South Carolina Utah Appendix B Appendix B 54 54 Arkansas Arkansas Act 1100 (1991)-RequiringEarthquake Resistant Design As Engrossed: 3/15/91 3/26/91 State of Arkansas 78th General Assembly HOUSE BILL 1577 Regular Session, 1991 By: Representative 0. Miller For An Act To Be Entitled "AN ACT TO SAFEGUARD LIFE, HEALTH AND PROPERTY BY REQUIRING EARTHQUAKE RESISTANT DESIGN FOR ALL PUBLIC STRUCTURES TO BE CONSTRUCTED OR REMODELED WITHIN THE BOUNDARIES OF THIS STATE BEGINNING SEPTEMBER 1,1991." BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. It is the purpose of this act to protect the public by requiring that all public structures be designed and constructed to resist destructive forces when an earthquake occurs in the New Madrid Seismic Zone. SECTION 2. Definitions. Whenever used in this act, unless a different meaning clearly appears from the context: (a) "Owner" shall mean any agency of the state, county, city, township, town, village, or private entity, partnership, business or corporation. (b) "Public Structure" means any building intended, or adaptable, for public employment, assembly, or any other use if it will be open to the public. Also included in this definition are certain building types as defined under the term "Public Works" projects. (c) "Public Works" means works, whether of construction or adaptation, undertaken and carried out by the national, state, county, school district, or municipal authorities, and designed to serve some purpose of public necessity, use, or convenience; such as public buildings, road, aqueducts, parks, and all other fixed works constructed for public use. The term relates to the construction of public improvements and not to their maintenance or operation. (d) "Add to" shall mean adding to existing buildings or structures more than four thousand (4000) square feet in gross floor area and all areas of increased building height. (e) "Alter", "retrofit", and "remodel" means any alteration or repair of a building which when completed will increase the market value of the building by one hundred percent (100%) or more. (f) "Seal" means the Arkansas seal issued to signify certification of registration to practice architecture or engineering. (g) "Seismic" means pertaining to an earthquake or earth tremor (vibrations). (h) "Structural Elements" shall mean all structural load carrying members of a building or structure required to transmit loads (forces) within the building or between the building and the ground. Ss Sample EnablingActs HB 1577 As Engrossed. 3115191 3/26/91 SECTION 3. Seismic Zones Established. Areas within the boundaries of this State shall be divided into zones of anticipated damage that wvill occur in various locations with respect to the New Madrid Seismic Zone. (a) Zone 3. Area of greatest anticipated seismic damage shall include the following counties: Clay, Greene, Craighead, Mississippi, Poinsett, Cross, Crittenden, St. Francis, Randolph, Lawrence, Jackson, AWtoodruff, and Lee. (b) Zone 2. Area of moderate anticipated seismic damage shall include the following counties: Sharp, Independence, White, Lonoke, Prairie, Arkansas, Monroe, Phillips, Fiulton, Izard, Stone, and Cleburne. (c) Zone 1. Area of low0v anticipated seismic damage shall include all remaining counties within the boundaries of this State. SECTION 4. Design Requirements. Hereafter, neither the state, any county, city, to vnship, vSillage or private entity shall construct, add to, alter, retrofit, or remodel any public structure unless the structural elements are designed to resist the anticipated forces of the designated seismic zone in WI-hich the structure is located. Design loads and seismic design requirements shall be, as a minimum, those listed in the chapter of Minimum Design Loads and Referenced Chapters from the Standard Building Code, 1988 or latest edition with revisions. All construction plans for public buildings and structures shall comply with Arkansas Code 17-14-101 through 17-14-311. The design of structural elements of public buildings and structures shall be performed by a professional engineer registered in the State of Arkansas who is competent in seismic structural design according to current standards -oftechnical competence. The structural plans of each public building or structure shall bear the Engineer's Arkansas seal and signature and a statement of reference to what Seismic Zone the structure is designed to satisfy. SECTION 5. Exemptions. Certain building types such as single family residential, duplexes, triplexes, fourplexes, and agricultural structures shall not be included in the requirements of act. SECTION 6. Violations and Penalties. Any owner knowingly constructing a public building with this State after September 1, 1991, without complying with the provisions of this act shall be gnilty of a Class A misdemeanor and shall upon conviction, be sentenced to pay a fine of not less than one thousand dollars ($1,000). Each day of such unlawful construction practice shall constitute a distinct and separate offense. SECTION 7. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code. SECTION 8. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision of application, and to this end the pronisions of this act are declared to be severable. SECTION 9. All laws and parts of lawes in conflict with this act are hereby repealed. Approved by Governor Bill Clinton, April 9, 1991. 56 Appendix B Kentucky Kentucky Revised Statutes CHAPTER 198B HOUSING, BUILDINGS AND CONSTRUCTION-BUILDING CODE SECTION 1988.560 Fire protection sprinkler contractor's license required 1988.010 Definitions. - Exemptions. Board of housing, buildings and construction. 1988.020 1988.565 Preparation of designs of system. Department of housing, buildings and construction. 198B.030 1988.570 Examination of applicant. 1988.035 Transfer of other agency functions to department. 1988.575 Affidavits in lieu of examination. General powers and duties of the board. 1988.040 198B.580 Prerequisites to becoming licensed fire protection 1988.050 Uniform state building code. sprinkler contractor. Local enforcement of Uniform Building Code-Workers' 198B.060 198B.585 Seal of certificate holder. compensation coverage requirement. 198B.590 Signature on license and certificate. 198B.070 Appeals. 1988.595 Proof of liability insurance coverage. 1988.080 Amendments to the uniform state building code. 1988.600 Certificate holder permitted to obtain only one 198B.090 Certification of professional classifications-Training contractor's license at a time. program for building code administration and 1988.605 Annual renewal of certificates and licenses. enforcement. 1988.610 License as proof of competency - Power of local 198B.100 Mobile home exemption. officials regarding regulation. 198B.110 Effective dates for uniform building code-Exemptions. 198B.615 Disposition of fees collected by commissioner. 198B.120 Injunctions to enforce building code compliance. 1988.620 Refusal to renew license-Revocation or suspension of 198B.130 Private action for damages. license - Administrative fine - Appeal 198B.140 Hindrance of building inspectors prohibited. 1988.625 Inspection-Cease and desist order. 198B.250 Architectural barriers advisory committee. 198B.630 Application of KRS 198B.550 to 1988630. 198B.260 Regulations to make buildings accessible to physically handicapped persons-Compliance required. PENALTIES 198B.270 Present requirements in effect until new regulations filed. 198B.990 Penalties. 198B.280 Exemption for temporary change. 198B.991 Penalty. SAFETY GLAZING IN HAZARDOUS LOCATIONS 198B.300 Definitions for KRS 198B.310 to 1988.330. 198B.010. Definitions. -As used in this 198B.310 Labelling requirements. 198B.320 Prohibitions. chapter, unless otherwise provided: 198B.330 Workers exempt from liability. (1) "Assembly occupancy" means the occupancy ELEVATOR INSPECTIONS or use of a building or structure or any portion thereof 198B.400 Definitions. by a gathering of persons for civic, political, travel, 198B.410 Inspectors-Certificates of competency -Application - Examination - Issuance - Reexamination. religious, social or recreational purposes, including 198B.420 State elevator inspection program - Qualifications of among others: director - Appointment of general inspectors. (a) Armories; 198B.430 Employment of special inspectors. (b) Assembly halls; 198B.440 Suspension or revocation of certificates. (c) Auditoriums; 198B.450 Lost or destroyed certificates. 1988.460 Registration of elevators. (d) Bowling alleys; 1988.470 Annual inspection. (e) Broadcasting studios; 1988.480 Report of inspection-Hearing on construction plans and (f) Chapels; specifications - Findings and orders of department. (g) Churches; 1988.490 Rules and regulations. (h) Clubrooms; 198B.500 Safety equipment. 198B.510 Certificates of operation-Renewal. (i) Community buildings; 198B.520 Permits for erection or repairs. (j) Courthouses; 198B.530 Prohibition. (k) Dance halls; 198B.540 Enforcement-Notice of defective machinery. (1) Exhibition rooms; (m) Gymnasiums; FIRE PROTECTION SPRINKLER CONTRACTORS 198B.550 Definitions. (n) Hotels; 198B.555 Administration of KRS 1988.550 to 198B.630 Duties of - (o) Lecture rooms; commissioner. (p) Lodge rooms; (q) Motels; 57 Sample EnablingActs selling or buying of goods, wares, or merchandise, (r) Motion picture theaters; or the housing of vehicles of transportation, except (s) Museums; w~%There occupancy is of high hazard, including (t) Night clubs; among others: (u) Opera houses; (a) Banks; (v) Passenger stations; 6w) (b) Barber shops; Pool rooms; (c) Beauty parlors; (x) Recreation areas; (d) Department stores; (v) Restaurants; (e) Garages; (z) Skating rinks; (f) Markets; (aa) Television studios; (g) Service stations; (bb) Theaters. (h) Offices; (2) "Attic' means the space between the ceiling (i) Stores; beams of the top habitable story and the roof rafters. (j) Radio stations; (3) "Basement" means that portion of a building (k) Telephone exchanges; the average height of which is at least half below (1)Television stations. grade, which is ordinarily used for purposes such as (8) "Certified building inspector" means a storage, laundry facilities, household tools shops, and person who has been certified by the department as installation and operation of heating, cooling and having successfully completed the test requirements ventilating facilities, but which is not ordinarily used provided by KRES 198B.090 to practice as a city, for purposes of general household habitation. county. or state building inspector wiffinin,the (4) "Building" means any combination of Comnmonwealth. materials, whether portable or fixed, which comprises (9) 'Certified plans and specifications inspector" a structure or non-mine underground area affording means a person who has been certified by the facilities or shelter for any human occupancy. whether department as having successfully completed the infrequent or regular. The word "building" shall be test requi-remene ts provided by KRS 198Bf090 to construed wherever used herein as if followed by the practice as a city, county, or state plans and words "or part or parts thereof and all equipment specifications inspector within the Common; ealth. therein" unless the context clearly requires a different (10) "Certified plumbing inspector" means a mearning. "Building" shall also mean swimming pools person who has been certified by the department constructed below grade on site, but not swimming as having successfully completed the test pools assembled above grade on site. "Building" shall requirements provided by KRS 198B.A90 and not mean a mobile home, or a farm dwelling or other 318.140, or 318.090 to practice as a city, county, or farm buildings and structures incident to the state plumbing inspector within the operation and maintenance of the farm if such farm Commonwealth. structures are located outside the boundary of a municipality and are not used in the business of retail (11) "Commissioner" means the commissioner trade or used as a place of regular employment for ten of housing, buildings and construction. (10) or more people or structures used in the storage (12) 'Construction" means the erection, or processing of timber products. This chapter shall fabrication, reconstruction, substantial alteration or not apply to any single family diweaing except those conversion of a building, or the installation of sold or constructed under a trade or brand name. equipment therein, but shall not include the (5) Any city, county or urban-county government ordinary repair of a building or structure. of the Commonwealth may extend, by ordinance, the (13) "Department" means the department of application of this chapter to those single family housing, buildings and construction. dciellings exempted under subsection (4) of this (14) "Educational occupancy" means the section, but may not enforce any building code other occupancy or use of a building or structure or any than the uniform state building code on such portion thereof by persons assembled for the dwellings. purpose of learning or of receiving education (6) Nothing in this chapter shall be construed to instruction, including among others: exempt single family dwellings from those provisions (a) Academies; of the uniform state building code that relate to the (b) Care centers; national electric code and the state plumbing code. (c) Colleges; (7) "Business occupancy" means the occupancy or (d) Kindergartens; use of a building or structure or any portion thereof (e) Libraries; for the transaction of business, the rendering or (f) Pre-schools; receiving of professional services, or the displaying, Appendix B 58 Kentucky manufacturing facility for installation or assembly on a (g) Relocatable classroom units; permanent foundation at the building site. (h) Schools; (19) "Institutional occupancy" means the (i) Seminaries; occupancy or use of a building or structure or any (j) Universities. portion thereof by persons harbored or detained to (15) "Equipment" means facilities or receive medical, charitable or other care or treatment, installations, including but not limited to, heating, or by persons involuntarily detained, including among electrical, ventilating, air conditioning, and others: refrigerating facilities or installations. (16) "High hazard occupancy" means the (a) Asylums; (b) Homes for the aged; occupancy or use of a building or structure or any portion thereof that involves highly combustible, (c) Hospitals; (d) Houses of correction; highly flammable or explosive materials or which (e) Infirmaries; has inherent characteristics that constitute a special (f) Jails; fire hazard, including among others: (g) Nursing homes; (a) Aluminum powder factories; (h) Orphanages; (b) Charging or filling stations; (i) Penal institutions; (c) Distilleries; (j) Reformatories; (d) Dry cleaning plants; (k) Sanitariums; (e) Dry dyeing plants; (1)Nurseries. (f) Explosive-manufacture, sale or storage; (20) "Mobile home" means the mobile home as (g) Flour and feed mills; defined in KRS 227.550(9). (h) Gasoline bulk plants; (21) "Ordinary repair" means any nonstructural (i) Grain elevators; (j) Lacquer factories; reconstruction or renewal of any part of an existing building for the purpose of its maintenance, or (k) Liquefied petroleum gas; decoration, and shall include, but not be limited to, the (1)Mattress factories; replacement or installation of nonstructural (m) Paint factories; components of the building such as roofing, siding, (n) Pyroxylin-factories, or warehouses; windows, storm windows, insulation, drywall or lath (o) Rubber factories. and plaster, or any other replacement, in kind, that (17) "Industrial occupancy" means the does not alter the structural integrity, alter the occupancy or use of a building structure or any occupancy or use of the building, or affect, by portion thereof for assembling, fabricating, rearrangement, exitways and means of egress; but finishing, manufacturing, packaging or processing shall not include additions to, or alteration of, or operations, except for occupancies of high hazard, relocation of any standpipe, water supply, sewer, including among others: drainage, gas, soil, waste, vent or similar piping, (a) Assembly plants; electric wiring or mechanical equipment, including (b) Creameries; furnaces and hot water heaters or other work affecting (c) Electrical substations public health or safety. (d) Factories; (22) "Story" means that part of a building (e) Ice plants; comprised between a floor and the floor or roof next (f) Laboratories; above which is not a basement or an attic. (g) Laundries; (23) "Physically handicapped person" means a (h) Manufacturing plants; person confined to a wheelchair; a person who uses (i) Mills; braces or crutches; a person who because of the loss of (j) Power plants; a foot or leg or because of an arthritic, spastic, (k) Processing plants; pulmonary or cardiac condition, walks with difficulty (1) Pumping stations; or insecurity; a person who suffers from a faulty (m) Repair garages; coordination or palsy; a person who is blind or whose (n) Smokehouses; sight is so impaired that, functioning in a public area, (o) Workshops. he is insecure or exposed to danger; a person whose (18) "Industrialized building system" means hearing is so impaired that he is unable to hear any structure or component thereof which is wholly warning signals; and a person whose mobility, or in substantial part fabricated in an off-site 59 59 Sample EnablingActs Sam~ple EnablingActs selected by the governor from a list of three (3) flexibility coordination and perceptiveness are submitted by the Kentucky retail federation. significantly reduced by aging. (2) Except for the commissioner of the (24) 'Facility for physically handicapped person" department, the commissioner of the department of means any converience or device which facilitates the health services, the executive director of the health, safety or comfort of a handicapped person, Kentucky housing corporation and the attorney including, but not limited to, ramps, handrails, general or his designee who shall serve on the board elevators, and doors. (Enact. Acts 1978, ch. 117, sec. 1, during the term of their existing office and shall be effective June 17, 1978; 1980, ch. 361, sec. 1, effective voting members, board members shall be appointed July 15, 1980; 1982, ch. 189, sec. 1, effective July 15, for four (4) year terms, except that initially four (4) 1982; 1982, ch. 308, sec. 1, effective July 15, 1982.) shall be appointed for two (2) year terms, four (4) shall be appointed for three (3) year terms, and six 198B.020'. Board of housing, buildings and (6) shall be appointed for four (4) year terms. No construction. - (1) There is hereby created the board member shall be appointed for more than one Kentucky board of housing, buildings and (1) successive term except as provided in subsection construction within the Kentucky department of *(3) of this section. The governor shall, within the housing buildings and construction comprised of limitations of this subsection, set the length of term twventy (20) members to indude: the commissioner of of each of the initial appointees to the board. the department/ one (1) local government fire chief (3) Vacancies occurring on the board among selected by the governor from a list of three (3) those members appointed by the governor shall be submitted by the Kentucky firemen's association; the filled by seeking nominations as in subsection (1) of executive director of the Kentucky housing this section from the organization which originally corporation; the commissioner of the department of nominated the member who is to be replaced. A health services, cabinet for human resources; the replacement for a board member shall be appointed attorney general or any assistant attorney general he immediately upon the expiration of the departing may designate to represent the interests of consumers; board member's term of service. Should a board one (1) professional homebuilder selected by the member vacate his position on the board prior to the governor from a list of three (3) submitted by the expiration of his tern, his replacement shall be home builders association of Kentucky; one (1) appointed for the period of the unexpired term. registered architect selected by the governor from a Should the unexpired term be less than two (2) list of three (3) submitted by the Kentucky society of years, the person selected to fill the unexpired term architects; one (1) registered structural engineer may subsequently be appointed to one (1) successive selected by the governor from a list of three (3) four (4) year term. submitted by the Kentucky society of professional (4) Members may be removed from the board by engineers; one (1) registered electrical engineer the governor for unethical conduct or for failure to selected by the governor from a list of three (3) attend three (3) or more successive meetings of the submitted by the Kentucky society of professional board V\ ithout reasonable cause. engineers; one (1) citizen member selected by the (5) The board shall meet at least quarterly and governor to represent the interests of low and the first meeting shall occur no later than August 31, moderate income housing consumers within the 1978. Before assuming their duties, members of the Commonwealth of Kentucky; one (1) citizen member board shall: take an oath as specified in section 228 of at large; one (1) practicing gener-al contractor selected the Constitution of Kentucky. by the governor from a list of three (3) submitted by (6) The commissioner of the department shall the Kentucky association of general contractors; one serve as chairman of the board. The board may elect (1) practicing code administrator selected by the from its members other officers as are required to governor from a list of three (3) submitted by codes conduct its business, except that neither the administrators association of Kentucky; one (1) realtor commissioner of the department for health services, selected by the governor from a list of three (3) the executive director of the Kentucky housing submitted by the Kentucky association of realtors; one corporation nor the attorney general or his designee (1) member selected by the governor from a list of shall be elected to office on the board. three (3) submitted by the Kentucky state building (7) The board may adopt such rules, regulations trades council; one (1) member selected by the and bylaws as are necessary to conduct its internal governor from a list of three (3) submitted by the business. mechanical contractors association; one (1) electrical (8) No member of the board may vote on any contractor member selected by the governor from a matter which will result in his direct or indirect list of three (3) submitted by the national electrical financial gain. contractors association; and one (1) retailer member Appendix B 60 Kentucky (9) Those members of the board who are not each condition and execute such agreements as may be necessary, convenient, or desirable. salaried governmental employees shall be (6) Nothing in this chapter shall preclude any compensated for their time when attending board other agency, board, or officer of the state from being meetings or attending to official duties as directed designated as the directing or allocating agency, board, by the board at the rate of fifty ($50) per day. All or officer for the distribution of federal grants and aid, board members shall be compensated for expenses incurred in the conduct of board business. (Enact. or their performance of other duties to the extent Acts 1978, ch. 117, sec. 2, effective June 17, 1978; necessary to qualify for and to receive grants and aid 1980, ch. 82, sec. 1, effective July 15, 1980; 1982, ch. for programs under the administration of the 270, sec. 1, effective July 15, 1982; 1986, ch. 331, sec. department. 32, effective July 15, 1986.) (7) The commissioner is authorized to receive, for and on behalf of the state, the department, and 198B.030. Department of housing, buildings the board of housing, buildings and construction, and construction. - (1) There is hereby created the from the United States and agencies thereof, and from any and all other sources, grants and aid and Kentucky department of housing, buildings and construction within the cabinet for public protection gifts made for the purpose of providing, or to assist and regulation. The governor shall appoint a in providing, any of the programs authorized by this chapter, including expenses of administration. Al commissioner to head the department by July 1, 1978. The commissioner shall receive for his services such funds shall be paid into the state treasury and such compensation as the governor shall determine. credited to a trust and agency fund to be used by the (2) The commissioner may employ sufficient department in carrying out the provisions of this staff to carry out the functions of his office. Neither chapter. No part of this fund shall revert to the general fund of the Commonwealth. (Enact. Acts the commissioner nor any member of his staff shall be employed, either directly or indirectly, in any 1978, ch. 117, sec. 3, effective June 17, 1978.) aspect of the building industry as regulated by this 198B.035. Transfer of other agency functions to chapter while employed by the department of department. - There are hereby transferred and housing, buildings and construction. vested in the Department of Housing, Buildings and (3) The department shall serve as staff for the board of housing, buildings and construction as Construction, office of the Fire Marshal or its successor agency, all functions, powers and duties, funds, established by this chapter, and shall perform all budgeting, procurement, and other administrative personnel, equipment and supplies now vested in the activities necessary to the functioning of this body. Commission on Fire Protection Personnel Standards The board shall prescribe the duties of the and Education (KRS Chapter 95A), and in the Department of Public Safety as follows: commissioner in addition to those duties otherwise delegated to it by the governor or prescribed for him Fire department aid (KRS 17.210 to 17.270); safety glazing (KRS 17.410 to 17.440 and 17.990); boiler safety by law. (KRS Chapter 236); dry cleaning and dyeing (KRS (4) The department may enter into contracts Chapter 228); fire prevention and protection (KRS with the federal government, other agencies of state government or with its subdivisions, or with private 227.200 to 227.410); and transportation of hazardous substances (KRS Chapter 234). (Enact. Acts 1974, ch. profit or nonprofit organizations in order to effect the purposes of this chapter. 74, Art. V, sec. 20; 1980, ch. 188, sec. 243, effective July (5) Subject to the direction of the board of 15, 1980.) housing, buildings and construction, the commissioner shall cooperate with the agencies of 198B.040. General powers and duties of the the United States and with the governing bodies and board. -The Kentucky board of housing, buildings and construction shall have the following general housing authorities of counties, cities, and with powers and duties: nonprofit organizations and area development districts in relation to matters set forth in this (1) To conduct or cause to be conducted studies to determine the needs of the building industry of chapter, and in any reasonable manner that may be necessary for the state to qualify for, and to receive Kentucky; (2) To conduct or cause to be conducted or grants or aid from such agencies. To these ends and subject to the direction of the board, the participate in studies of the costs of the various factors of building construction and uses of buildings; and to commissioner shall have the power to comply with 6 611 Sample EnablingActs Sample EnablingActs to build public water purification plants will be recommend programs and procedures which will submitted by the department to the natural mmnimize the cost of buildings, including the use of resources and environmental protection cabinet for energy, while maintaining safety, durability and that cabinet's comments. Any such regulations shall comfort; require the natural resources and environmental (3) To administer regulatory legislation relating to protection cabinet's comments to be completed and buildings and construction; submitted to the department Tvlithin sixty (60) days; (4) To assume administrative coordination of the (9) To issue regulations providming for the proper various state construction review programs and to construction of sewage treatment plants, other than cooperate with various federal, state and local the seivage treatment equipment and systems in agencies in the programs as they relate to buildings such plants, provided, how ever. that any such and construction; regulations must require that applications for (5) To assume administration and coordination of permits to build sewage treatment plants will be various state housing programs to include: submitted by the department to the natural (a) Devising and implementing procedures, in resources and environmental protection cabinet for conjunction with the department of local government, that cabinet's comments. Any such regulations shall for attaining and maintaining an accurate count of the require the natural resources and environmental housing inventory in Kentucky; including information protection cabinet's comments to be completed and on the age, physical condition, size, facilities and submitted to the department within sixty (60) days; amenities of such housing, and housing constructed and and demolished each year; (10) To issue regulations for the safe installation (b) Designing programs coordinating the elements and operation of plumbing and plumbing fixtures. of housing finance, production, maintenance and (Enact. Acts 1978, ch. 117, sec. 4, effective June 17, rehabilitation for the purpose of assuring the 1978.) availability of safe, adequate housing in a healthful environment for all Kentucky citizens; 198B.050. Uniform state building code. - (1) (c) Establishing or causing to be established public Within one (1) year from its initial meeting, after information and educational programs relating to adequate notice in accordance with KRS Chapter housing, to include informing Kentucky citizens about 13A, the board shall adopt and promulgate a housing and housing related programs that are mandatory uniform state building code which shall available on all levels of government; establish standards for the construction of all (d) Designing and administering, or participating buildings, as defined in KRS 198EB.010, in the state. in the design and administration of educational The code shall provide that the review and programs to prepare low income families for home approvall, as necessary, of building plans for ownership, and counseling them during their early conformance with the uniform state building code years as home-owners; prior to construction approval shall be conducted (e) Promoting educational programs to assist only by the department of a local government or sponsors in the development and management of low governments delegated such responsibilities by this and moderate income housing for sale or rental; chapter, and any exceptions to -thispolicy shall be (f) Cooperating with various federal, state and explicitly stated in the code. local agencies in their programs as they relate to (2) The code shall be comprehensive and shall housing; include but not be limited to provisions for general (g) Conducting or causing to be conducted studies construction; structural quality; mechanical systems to determine the housing preferences of Kentucky to include heating, cooling, and ventilation; citizens and the present and future housing electrical systems; and life safety from hazards of requirements of the state; fire, explosion, and other disasters, whether caused (6) To recommend state building industry policies by acts of nature or man. The code shall encompass and goals to the Kentucky general assembly; the Kentucky State Plumbing Code promulgated (7) To adopt and promulgate a mandatory uniform pursuant to KRS 318.130, boiler rules and state building code, and parts thereof, which shall regulations issued pursuant to KRS 236.030, and the establish standards for the construction of all national electrical code. buildings, as defined in KRS 198B.010, in the state; (3) This code shall be designed after ancd may be (8) To issue regulations providing for the proper selected from the models offered by such model construction of public w,ater purification plants, other code agencies as the Building Officials and Code than the water treatment equipment and systems in Administrators, International, Inc.; the International such plants, provided, however, that any such Conference of Building Officials; the Southern regulations must require that applications for permits Appendix B 62 Kentucky necessary to implement the uniform state building Building Code Congress; and other nationally code or to carry out any other responsibility assigned recognized organizations which may include to said board by this chapter. governmental agencies. The code shall: (6) The board shall monitor the effectiveness of (a) Provide uniform standards and requirements agencies designated by local governments to enforce for construction and construction materials; the provisions of the uniform state building code. (b) To the extent practicable, set forth standards, (7) If the board determines that any agency is not specifications and requirements in terms of enforcing the provisions of the uniform state building performance objectives, so as to facilitate the use of code, it shall direct the department to determine new technologies, techniques, and materials. The where deficiencies exist. The department shall require code shall not discriminate in favor of particular the local government to correct the deficiencies within suppliers' materials, techniques, or technologies; sixty (60) days and report to the department its (c) Protect the public health, safety, and welfare method of correcting the deficiencies. within the state. (8) If the local government fails to correct the (4) Adoption of a code shall include provisions deficiencies, the department shall recommend to the for the continuing review of, and the board shall board that the department be permitted to preempt adopt when deemed justified to fulfill the purposes the local program as provided for in KRS 198B.060(4). of this chapter, new materials, technologies, and techniques in the building industry. The board may 198B.060. Economic security and public welfare. adopt a model code promulgated by a model code (9) The board shall provide for the supply, agency only if that agency provides a method for - including amendments and revisions thereto, of democratic participation by the board and any local sufficient copies of the uniform state building code for governments which may enforce the code, in a all interested parties. (Enact. Acts 1978, ch. 117, sec. 5, continuing review and possible adoption of new effective June 17, 1978; 1982, ch. 308, sec. 2, effective materials, technologies, and techniques in the July 15, 1982.) building industry. (5) The board shall issue regulations, after notice in accordance with KRS Chapter 13A, which are 63 Sample EnablingActs . South Carolina An act to amend Chapter 9, Title 6, Code of Laws of South Carolina, 1976, relating to building codes, so as to revise the requirements and methods of adoption, the application, scope, and exceptions, and for the enforcement of these codes; to provide for appointment of building officials and establishment of building programs; to provide for adoption of building codes and standards by state agencies, and the application of local ordinances, regulations, and standards to certain state and school district construction projects, and to farm structures; to provide for the membership and duties of the South Carolina Building Codes Council and for the duties of the State Fire -Marshaland State E ngineer in connection with certain projects; to amend the 1976 Code by adding Chapter 8 to Title 6 so as to provide for building codes enforcement officers and for their functions, duties, and registration; by adding Section 38-7-35 so as to provide that the first one hundred fifty thousand dollars of revenue collected pursuant to Section 38-7-30 must be used for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers; to amend Chapter 75 of Title 38 by adding Article so as to provide for the Advisory Conmmuittee to the Director and the South Carolina Building Codes Council and Loss Mitigation Grant Program; to provide that Chapter 10 of Title 6 is not applicable in counties or municipalities that fully have implemented building codes required by Section 6-9-10; and to declare the public policy of South Carolina pertaining to maintaining reasonable standards of construction in this state. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA: Building codes revised SECTION 1. Chapter 9, Title 6 of the 1976 Code is amended to read: CHAPTER 9 Building Codes S ection 6-9-10'. All municipalities, as defined by Section 5-1-20, and counties in this State shall adopt building, energy, electrical, plumbing, mechanical, gas, and fire codes, referred to as building codes in this chapter, relating to the construction, livability, sanitation, erection, energy efficiency, installation of equipment, alteration, repair, occupancy, or removal of structures located within their jurisdictions and promulgate regulations to implement their enforcement. The municipality or county may adopt only the national, regional, or model codes provided in Section 6-9-50. -Withthe exception of structures used primarily for offices, storage, warehouses shop areas, or residential housing, nothing in the building codes or regulations applies to electric cooperatives, the Public Service Authority, or to a public utility corporation subject to regulation by the authorities of the South Carolina Public Service Comm-lission or the Liquefied Petroleum Gas Board. To the extent that federal regulations preempt state and local la vs, nothing in this chapter shall conflict with the federal Department of Housing and Urban Development regulations regarding manufactured housing construction and installation. Appendix B 64 South Carolina Section 6-9-20. Municipalities and counties may establish agreements with other governmental entities of the State to issue permits and enforce building codes in order to provide the services required by this chapter. The South Carolina Building Codes Council may assist in arranging for municipalities, counties, or consultants to provide the services required by this chapter to other municipalities or counties if a written request from the governing body of the municipality or county is submitted to the council. If a municipality or county determines that it is unable to arrange for services for any annual period at costs totally within the schedule of fees recommended in the appendixes to the building codes referred to in Section 6-9-50, the municipality or county shall submit an affidavit to the council to be exempt from the requirements of this chapter. If such an affidavit is submitted, the municipality or county is exempt from the requirements of this chapter, which exemption is effective until such time as it becomes financially feasible for a county or municipality to provide the services, or five years, whichever is less. A county or municipality may renew its affidavit at the end of five years and at each five-year interval thereafter if it makes another determination that it cannot arrange for services at costs totally within the schedule of fees recommended in the building codes referred to in Section 6-9-50. Section 6-9-30. Each county shall appoint a building official or contract with other political subdivisions as authorized in Section 6-9-20 so that the unincorporated area of the county is under the jurisdiction of a building official. Each municipality shall appoint a building official or contract for a building official within the municipal limits. Based on the needs established by each municipality or county, the building official or appointing authority may appoint and employ other personnel and assistants necessary to perform the required inspections and duties and may prescribe fees for construction permits and inspections. The appointment of a building official and the establishment of a building inspection program for all municipalities and counties must be accomplished according to the following dates and populations based on the population figures of the latest official United States Census: (1) municipalities and counties with a population above 70,000: one year after the effective date of this provision; (2) municipalities and counties with a population of 35,000 to 70,000: two years after the effective date of this provision; (3) municipalities and counties with a population under 35,000: three years after the effective date of this provision. Section 6-9-40. The building codes and standards referenced in Section 6-9-50 must be adopted within six months after the establishment of a building inspection department. State agency adoption of a building code or regulation permitted by this chapter must be accomplished in accordance with the Administrative Procedures Act. Section 6-9-50. (A) Municipalities and counties shall adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code, as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative Sanmple EnablingActs 65 procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body, (B.) The governing body of a county may not enforce that portion of a nationally recognized fire prevrention code it has adopted vishinci may regulate outdoor burning for forestry, vildlife, .and agricultural purposes as regulated by the South Carolina Forestry Commission. (C) A residential buildiing is considered in compliance with the Building Envelope Requiremnts of the Model Energy Code if: (1) it is built in compliance w ith prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited to, options developed by Pacific Northwest National Laboratories for South Carolina's climatic zones, or (2) if double pane or single pane with storm windows are used for window glass and in the case of ceilings, exterior walls, floors wvith crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is: (a) R-30 for ceilings, except for ceiling/roof com, binationls, which must be at least R-19; (b) R-13 for exterior walls; (c) R-19 for floors with crawl space; (d) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space. Section 6-9-60. (A) Municipalities and counties may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards vithin their respective jurisdiction s: Standard Housing Code, Standard Existing Building Code, Standard Swinmirg Pool Code, the Standard Excavation and Grading Code, as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body If a county or municipality adopts the One and Tv-o Family DIelling Code, the One and TIXo Family Di 'elling Code shall take precedence over the Standard Building Code for dwe gs as defined in the Standard Building Code. If a municipality or county contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to the South Carolina Building Codes Council of fifteen members which is established in this section. (B) Members of the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of (1) an architect registered in South Carolina, (2) a municipal administrator, manager, or elected official, (3) a county administrator, manager, or elected official, (4) a representative of the electrical industry who is either an engineer or master electrician registered in South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a disabled person, (8) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, ('l0) a representative Appendix B 66 South Carolina designated by the State Engineer of the Budget and Control Board, (11) a structural engineer registered in South Carolina, (12) a representative of the general public who is not in the practice of home or safety inspection, construction, or building, who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13) a representative designated by the State Fire Marshal, (14) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent a jurisdiction may vary from the series of codes listed in this chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by municipalities and counties to ensure compliance with this chapter. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its members a chairman, vice-chairman, and secretary. The council shall adopt regulations consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council. Section 6-9-65. (A) For purposes of this section, 'farm structure' means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm including, but not limited to, barns, sheds, and poultry houses, but not public livestock areas. For purposes of this section, 'farm structure' does not include a structure originally qualifying as a 'farm structure' but later converted to another use. (B) The governing body of a county or municipality may not enforce that portion of a nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. The standards published by the Federal Emergency Management Agency for the National Flood Insurance Program shall apply. (C) The provisions of this section do not apply unless before constructing a farm structure the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition. (D) This section does not affect the authority of the governing body of a county or municipality to issue building permits before the construction or improvement of a farm structure. Section 6-9-70. (A) A person found to be in violation of the building codes or regulations adopted pursuant to the provisions of this chapter must be fined, by civil fine, in an amount not more than two hundred dollars. Each day the violation continues is a separate offense. However, this provision does not prevent a county or municipality from exercising its authority to impose by ordinance criminal sanctions of a fine of not more than two hundred dollars or imprisonment for not more than thirty days in lieu of the civil penalties required by this provision. (B) However, before being charged with a second violation, an individual must be given seven calendar days to remedy the violation if in the opinion of the inspector or official it does not place the public in imminent danger or create an emergency situation. Each day a violation continues is a separate offense if the inspector or official determines the situation places the public in imminent Sample EnablingActs 6:7 danger or creates an emergency situation. In a situation wvhich does not place the public in imminent danger or create an emergency situation, if in the opinion of the inspector or official no substantial progress is made toward correcting the violation by the end of the seventh calendar day, each day the violation continues thereafter is considered a separate offense. Section 6-9-80. For a violation of the building codes or regulations adopted pursuant to this. chapter, the local building officials, mumicipal or county attorneys, or other appropriate authorities of a political subdivision, or an adjacent or neighboring property owner who would be damaged by the violation, in addition to other remedies, may apply for injunctive relief, mandamus, or other appropriate proceeding. Section 6-9-90. Notw~ithstanding any other provision of law, the governing body of a county or municipality may impose fees necessary to implement and continue the programs required by this chapter upon a vote of a simple majority of the governing body unless (1) a super majority vote is required by local ordinance, or (2) prior to December 1, 1998, the General Assembly specifically amends, repeals, or otherwise affects this law by direct reference to this section or (3) after November 30, 1998, the General Assembly provides otherwise by law. Section 6-9-100. The provisions of this chapter are cumulative to other local ordinances and do not limit the authority of counties or municipalities. Section 6-9-110. (A) A county, municipal, or other local ordinance or regulation which requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard does not apply to a: (1) state department, institution, or agency permanent improvement project, construction project, renovation project or property; or (2) school district facility, permanent improvement project construction project, renovation project, or property -owinch is reviewed and approved by the State Department of Education; except that the State Department of Education or a local school district may direct that the local ordinance or regulation apply to a particular facility, project, or property. (B) After successful completion of all requirements, the State Fire Marshal shall certify personnel of the State Engineer's Office of the Budget and Control Board designated by the State Engineer. The certified personnel and deputy state fire marshals, including resident state fire marshals, have exclusive jurisdiction over state buildings, including schools, in the exercise of the powers and jurisdictional authority of the State Fire Marshal under Sections. 23-9-30, 23-940, and 23-9-50. S ection 6-9-1290. Nothing in this chapter affects vater or sews er systems in this State. Section 6-9-130. Buildings must be inspected according to the codes in effect for the locality on the date of the issuance of the building permit. Building Codes Council membership, terms SECTION 2. Members of the South Carolina Building Codes Council serving in office on the effective date of this act w'hoom the Governor determines possess those qualifications required by Section 6-9-60 and, if applicable, represent an entity required to be represented by Section 6-9-60 shall continue to serve until their current terms of office expire. The terms of all other members shall expire on the 'effective date of this act at which time, their successors shall be appointed by the Governor in the manner provided by Section 6-9-60. Building Codes Enforcement Officers 68 Appendix B South Carolina SECTION 3. Title 6 of the 1976 Code is amended by adding: CHAPTER 8 Building Codes Enforcement Officers Section 6-8-10. When used in this chapter 'building codes enforcement officer' means a person employed by a public entity who is primarily responsible for the overall inspection or enforcement of applicable building code requirements within the jurisdiction of the employer. Section 6-8-20. (A) The South Carolina Building Codes Council is responsible for the registration of building codes enforcement officers pursuant to this chapter. The council or its designated representatives may conduct hearings and proceedings required by law or considered necessary by the council. The Department of Labor, Licensing and Regulation shall employ and supervise personnel necessary for the administration of this chapter. The council may promulgate regulations for the proper enforcement of this chapter. (B) The council shall keep a record of its hearings and proceedings and a register of applications for the certificates of registration showing the date of application, name, qualifications, and addresses of the business and residence of the applicant and whether the certificate is approved or denied. The council shall publish biannually during odd-numbered years the applications in the register which are approved. Applicants and registrants shall notify the council of changes in required information within ten days of a change. Section 6-8-30. (A) Certificates of registration may be issued without examination to building codes enforcement officers employed in codes enforcement on the effective date of this chapter only for the position and locality held at the time of registration pursuant to this section. This registration is valid for two years and may be renewed. (B) Upon initial employment by a political subdivision, an individual must be granted a provisional certificate of registration without examination which is valid for one year from the date of issuance. The provisional certificate of registration may not be renewed. Section 6-8-40. No person may practice as a codes enforcement officer in this State unless registered as provided in this chapter. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day the violation continues is a separate offense. Section 6-8-50. If the council has reason to believe that a person is violating or intends to violate a provision of this chapter, in addition to other remedies, it may order the person immediately to refrain from the conduct. The council may apply to the court of common pleas for an injunction restraining the person from the conduct. The court may issue a temporary injunction ex parte not to exceed ten days and upon notice and full hearing may issue other orders in the matter it considers proper. No bond is required of the council by the court as a condition to the issuance of an injunction or order pursuant to this section. Section 6-8-60. (A) A person desiring to be registered as a building codes enforcement officer as required by this chapter shall apply upon a form prescribed by the council. (B) An applicant shall furnish satisfactory proof to the council of valid certification by a recognized code organization or testing agency in the general or special capacity in which he desires to be registered. Special certificates of registration authorize the registrant to practice in the named specialty only. General certificates of registration are not restricted. The council or its designated representatives shall review the guidelines employed by the organization or agency Sample EnablingActs 69' in order to determine their continued compatibility with the requirements considered by the council to be consistent with this chapter. (C) A local jurisdiction may impose additional requirements upon a person employed as a building codes enforcement officer in its jurisdiction. Section 6-8-70. (A) A certificate of registration is valid for two years and expires on July first of each odd-numbered year unless renewed before that date. Renewal of all registrations must be based upon a determination by council of the applicant's participation in approved continuing education programs. The council must promulgate regulations setting forth the continuing education requirements for building codes enforcement officers. A person failing to make timely renewal of his certificate is not registered unless qualified in the manner provided for new registrants and may not practice until registered in accordance with this chapter. (B) Funding for the certification, training, and continuing education of building code 'enforcement officers must be appropriated to the Department of Labor, Licensing and Regulation in the manner provided in Section 38-7-35. Building 'Codes Enforcement Officers' training SECTION 4. The 1976 Code is amended by adding: Section 38-7-35. (A) The first one hundred and seventy-five thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided in Section 6-8-70 and by lace (B) The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairmen no later than January fifteenth of each year. (C) One hundred thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Insurance for the purpose of implementing the program as provided in Section 38-75480. (D) Subsection (C) of this section ceases to be of any force or effect after June 30, 2002. Advisory committee to Building Codes Council SECTION 5. Chapter 75 of Title 38 of the 1976 Code is amended by adding: ARTICLE 8 Advisory 'Committee to the Director and the South Carolina Building Codes Council and Loss Mitigation Grant Program Section 38-75-47'0. The Director of Insurance shall appoint an advisory committee to the director and the South Carolina Building Codes Council to study issues associated with the development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. The advisory committee also must consider the costs associated with these strategies to individual property owners. The advisory 'committee must include: (1) one representative from Clemson UnivTersity involved with rwind engineering; Appendix B 70 South Carolina (2) one representative from an academic institution involved with the study of earthquakes; (3) one representative from the Department of Insurance; (4) one representative from an insurer writing property insurance in South Carolina; (5) one representative from the Department of Commerce; (6) one representative from the Federal Emergency Management Association; (7) one representative from the Homebuilders Association; (8) one representative from the Manufactured Housing Institute of South Carolina; (9) one representative from the State Fire Marshal's office; (10) two at-large members appointed by the director; and (11) two at-large members appointed by the Governor. Members shall serve for terms of two years and shall receive no per diem, mileage, or subsistence. Vacancies must be filled in the same manner as the original appointment. Within thirty days after its appointment, the advisory committee shall meet at the call of the Director of Insurance. The advisory committee shall elect from its members a chairman and a secretary and shall adopt rules not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called at the request of three or more members of the advisory committee. All members shall be notified by the chairman of the time and place of the meeting at least seven days in advance of the meeting. All meetings must be open to the public. At least two-thirds vote of those members in attendance at the meeting shall constitute an official decision of the advisory committee. Section 38-75-480. (A) There is established within the Department of Insurance a loss mitigation grant program. Funds may be appropriated to the grant program, and any funds so appropriated shall be used for the purpose of making grants to local governments or for the study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. Grants to local governments shall be for the following purposes: (1) implementation of building code enforcement programs including preliminary training of inspectors; and (2) conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60. Funds may be appropriated for a particular grant only after a majority affirmative vote on each grant by the advisory committee. (B) The Department of Insurance may make application and enter into contracts for and accept grants in aid from federal and state government and private sources for the purposes of: (1) implementation of building code enforcement programs including preliminary training of inspectors; (2) conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60; and (3) study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. 71 Sample EnablingActs Exemptions to building codes requirements SECTION 6. Chapter 10 of Title 6 of the 1976 Code is not applicable in counties or municipalities which have fully implemented building codes as required in Section 6-9-10, as amended by this act. Public policy as to building codes SECTION 7. The public policy of South Carolmia is to maintain reasonable standards of construction in buildings and other structures in the State consistent with the public health, safety, and welfare of its citizens. To secure these purposes, a person performing building codes enforcement must be certified by the South Carolina Building Codes Council, and this act is necessary to provide for certification. To clarify the intent of the General Assembly and address questions which might arise or have arisen with respect to provisions of the nationally known codes which have been or are in place, only those portions or provisions of the nationally known building and safety codes which relate to building standards and safety are binding upon any state or local governmental entity or agency which adopts the building and safety codes authorized or required by Chapter 9 of Title 6 of the South Carolina Code of Laws. Time effective SECTION 8. This act takes effect upon approval by the Governor. Approved the 13th day of June, 1997. LegislativePrinting-LPITR @http://vwzv.pitr.state.sc.is Appendix B 72 South Carolina CODE OF LAWS OF SOUTH CAROLINA 1976 ANNOTATED CHAPTER 9. BUILDING, HOUSING, ELECTRICAL, PLUMBING AND GAS CODES § 6-9-10. Authorization for and scope of codes and regulations. The governing body of any incorporated municipality or county in this State is authorized to adopt building, housing, electrical, plumbing, and gas codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy, or removal of buildings and structures located within its jurisdiction and promulgate regulations to implement the codes. The codes and the implementing regulations may embrace matters such as the preparation and submission of plans and specifications; the issuance of permits; standards governing the kind, quality, and performance of materials, equipment, and workmanship; the establishment of fire zones; fireproofing; means of egress and ingress; floor-area-per-occupant requirements; sanitary facilities and proceedings for the correction of unsafe, unsanitary, or inadequate structures. The codes and regulations may only be adopted by reference to national, regional, or model codes listed in § 6-9-60 and to certain special provisions approved by the South Carolina Building Code Council. Nothing in these codes or regulations may extend to or be construed as being applicable to the regulation of the design, construction, location, installation, or operation of equipment or facilities used in the generation, transmission, distribution, or communication of a public or private utility or electric or telephone membership cooperatives, other than buildings used primarily for offices or residential housing nor to equipment or facilities already subject to regulation by the Liquefied Petroleum Gas Board. HISTORY: 1977 Act No. 173 § 1; 1984 Act No. 481, § 2, eff June 20, 1984. EFFECT OF AMENDMENT The 1977 amendment inserted the words "lightning protection systems design and installation," in the first paragraph of this section. The 1984 amendment made grammatical changes in this section and deleted "lightning protection systems design and installation" codes from the list of codes in the first paragraph. § 6-9-20. Regional agreements. County and municipal bodies are authorized to establish regional agreements with other political subdivisions of the State to issue building permits and enforce building, electrical, plumbing, gas, housing, and other codes in order to more effectively carry out the provisions of this chapter. HISTORY: 1984 Act No. 481, § 2, eff June 20, 1984. EDITOR'S NOTE Section 2, Act 481 of 1984 purported to amend this section. It is, however, identical with the contents appearing in the bound volume. § 6-9-30. Employment of inspectors and assistants. The county and municipal governing bodies may appoint building, electrical, plumbing, gas, and housing inspectors and employ other assistants as they may consider necessary and may prescribe fees or charges for permits and inspections. HISTORY: 1984 Act No. 481, § 2, eff June 20, 1984. EFFECT OF AMENDMENT The 1984 amendment made grammatical changes which did not affect the substance of this section. 73 73 Sample EnablingActs § 6-9-40. Notice and hearing required before adoption of code or regulations. Prior to adoption of any of the codes or regulations permitted in this chapter, the gov ing body shall hold public hearings on the codes or regulations. Not less than fifteen days' notice of the time and place of the hearings must be published in a newspaper of general circulation in the cournty HISTORY: 1984 Act No. 481, § eff June 20, 1984. 2, EFFECT OF AMENDMENT The 1984 amendment made grammatical changes which did not affect the substance of this section. § 6-9-50. Area of application of county codes. County governing bo dies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. HISTORY: 1984 Act No. 481, § 2, eff June 20,1984. EFFECT OF AMENDMENT The 1984 amendment made grammatical changes which did not affect the substance of this section. § 6-9-60. Adoption and modification of certain standard codes by reference; creation, membership, meetings and functions. of South Carolina Building Code Council. Municipalities or counties are authorized to adopt by reference only the latest editions of the following nationally known codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Txvo Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code, Standard Swimming Pool Code, Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes. Should any city, town, or county contend that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the -variationsand modifications must be submitted for approval to a South Carolina Building Code Council of thirteen members whicch is established in this section. Memrrbers of this council must be appointed by the Governor. The council shall include an architect, representatives from the Municipal Association of South Carolina the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, a representative from the electric utility industry, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, a handicapped person, and the Chief Engineer of the State Budget and Control Board. At least one member of the council must be a member of each of the congressional districts, to be appointed, if positions become vacant, in the order provided below or as resignations occur. The primary function of the council is to decide to what extent any jurisdiction may vary from the series of codes listed in this section in the establishment of standards. The council shall monitor the adoption of building codes by cities and counties to insure compliance wi th this chapter. Of the members initially appointed by the Governor, four shall serve for terms of two years, four shall serve for four years, and five shall serve for terms of six years. After the initial appointment, all appointments are for terms of six years. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings cal led by the chairman. The council shall elect from its appointive members a chairman and secretary. The council shall adopt regulations not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council. HISTORY: 1977 Act No. 173 § 2; 1978 Act No. 629; 1984 Act No 481, § 2;1993 Ad No 181 § 64, eff February 1, 1994. Appendix B 74 South Carolina EFFECT OF AMENDMENT The 1977 amendment substituted the words ", National Fire Protection Association Gas Codes, Underwriters' Laboratories Lightning Protection Code and Lightning Protection Institute Installation Code" for the words "and National Fire Protection Association Gas Codes" in the first paragraph of this section. The 1978 amendment substantially rewrote this section. The 1984 amendment added the last sentence of the second paragraph, rewrote the fourth paragraph, and also made grammatical changes which did not affect the substance of this section. The 1993 amendment consolidated the former five paragraphs of this section into a single paragraph; and deleted provisions regarding the Division of General Services of the State Budget and Control Board providing personnel for enforcement of these laws and regulations and for carrying out the duties of the council. § 6-9-65. Regulation of construction or improvement of farm structure; authority to issue building permits. (A) For purposes of this section, "farm structure" means a structure which is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including but not limited to, barns, sheds, and poultry houses, but not public livestock areas. For purposes of this section, "farm structure" does not include a structure originally qualifying as a "farm structure" but later converted to another use. (B) The governing body of a county or municipality may not enforce that portion of any nationally recognized building code it has adopted which regulates the construction or improvement of a farm structure. Standards for flood plain management by the Southern Building Code Congress International apply. (C) The provisions of this section do not apply unless prior to constructing a farm structure the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition. (D) This section does not affect the authority of the governing body of a county or municipality to issue building permits prior to the construction or improvement of a farm structure. HISTORY: 1987 Act No. 24 § 1, eff April 13, 1987. § 6-9-70.Penalties for violation of code or regulation. The violation of any of the codes or regulations adopted pursuant to the provisions of this chapter is declared to be a misdemeanor, and any person violating the codes or regulations is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or imprisonment of not more than thirty days. Each day the violation continues is a separate offense. HISTORY: 1984 Act No. 481, § 2, eff June 20, 1984. EFFECT OF AMENDMENT The 1984 amendment made grammatical changes which did not affect the substance of this section. § 6-9-80. Mandamus and injunctive relief for violation of code or regulation. In case of any violation of or proposed violation of the codes or regulations adopted pursuant to this chapter, the South Carolina Building Code Council, the building inspectors, municipal or county attorneys, or other appropriate authority of the political subdivision, or any adjacent or neighboring property owner who would be damaged by the violation may, in addition to other remedies, apply for injunctive relief, mandamus, or other appropriate proceeding to prevent, correct, or abate the violation or threatened violation. HISTORY: 1984 Act No. 481, § 2, eff June 20,1984. EFFECT OF AMENDMENT Sample Enabling Acts 75 The 1984 amendment added "the South Carolina Building Code Council" and also made grammatical changes which did not affect the substance of this section. § 6-9-90. Appropriations and expenditures. County or municipal governing bodies are -authorized to appropriate and expend funds to implement the provisions of this chapter. HISTORY: 1984 Act No. 481, § 2, eff June 20,1984. EDITOR'S NOTE Section 2, Act 481 of 1984, purported to amend this section. It is, however, identical with the provisions appearing in the parent volume. § 6-9-100. Provisions, of chapter shall be cumulative; use of other codes adopted prior to effective date. The provisions of this chapter are cumulative to other authority of counties and municipalities and do not limit the authority of counties and municipalities. A city or county that has adopted any of the national, regional, or model codes or any other code prior to May 1, 1982, may continue its use. HIUSTORY: 1982 Act No. 351, § 3, eaf Mtlay 10, 1982; 1984 Act No. 481, § 2, eaf Tune 20, 1984. EFFECT 'OF AMENDMENT The 1982 amendment substituted 'Itay 1,1982" for "Jtune 21,1972" in the second paragraph. The 1984 amendment made grarnmatical changes which did not affect the substance of this section. § 6-9-110. Inapplicability to state property of local ordinances which require permits, etc, as mean s of enforcing building standards. In no event may any county, municipal, or other local ordinance or regulation whluich requires the purchase or acquisition of a permit, license, or other device utilized to enforce any building standard be construed to apply to any state department, institutio n, or agency permanent improvement project, construction project, renovation project, or property HISTORY: 1982Act No. 466 Part H § 28, effJune 15, 1982; 1984A.ct No. 481, § 2, effJune 20, 1984; 1986ActNo 347, § 6, eff March 4, 1986. EFFECT OF AMENDMENT The 1984 amendment made grammnatical changes which did not affect the substance of this section, including deletion of the phrase "Notwvithstanding any other provision of law," from the first sentence. The 1986 amendment deleted a provision relative to inapplicability to state projects of local ordinances which prescribe building standards, deleted a provision relative to mutually agreed upon inspections of state--owvned buildings by local officials, and made grammatical changes. Appendix B 76 Utah CHAPTER 56 UTAH UNIFORM BUILDING STANDARDS ACT Effective May 5, 1997 58-56-1. Short title. This chapter is known as the "Utah Uniform Building Standards Act." 58-56-2. Chapter administration. The provisions of this chapter shall be administered by the Division of Occupational and Professional Licensing. 58-56-3. Definitions. In addition to the definitions in Section 58-1-102, as used in this chapter: (1) "ANSI" means American National Standards Institute, Inc. (2) "Code(s)" means the NEC, building code, mechanical code, or plumbing code as defined in this section and as applied in context. (3) "Commission" means the Uniform Building Code Commission created under this chapter. (4) "Compliance agency" means an agency of the state or any of its political subdivisions which issue permits for construction regulated under the codes, or any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes. (5) "Factory built housing" means manufactured homes or mobile homes. (6) "HUD code" means the Federal Manufactured Housing Construction and Safety Standards Act. (7) "Installation standard" means the standard adopted and published by the National Conference of States on Building Codes and Standards (NCSBCS), for the installation of manufactured homes titled "The Standard for Manufactured Home Installations", the accompanying manufacturer's instructions for the installation of the manufactured home, or such equivalent standard as adopted by rule. (8) "Local regulator" means each political subdivision of the state which is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, and other activities subject to the codes adopted pursuant to this chapter. (9) "Manufactured home" means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. All manufactured homes constructed on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards. (10) "Factory built housing set-up contractor" means an individual licensed by the division to set up or install factory built housing on a temporary or permanent basis. The scope of the work included under the license includes the placement and or securing of the factory built housing on a permanent or temporary foundation, securing the units together if required, and connection of the utilities to the factory built housing unit, but does not include site preparation, construction of a permanent foundation, and construction of utility services to the near proximity of the factory built housing unit. If a dealer is not licensed as a factory built housing set up contractor, that individual must subcontract the connection services to individuals who are licensed by the division to perform those specific functions under Title 58, Chapter 55, Utah Construction Trades Licensing Act. (11) "Mobile home" means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). 77 Sample EnablingActs (12) "Modular unit" means a structure built from sections which are manufactured in accordance with the construction standards adopted pursuant to Section 58-564 and transported to a building site, the purpose of which is for human habitation, occupancy or use. (13) "NEC" means the National Electrical Code. (14) 'Opinion" means a written, nonbinding and advisory statement issued by the commission concerning an interpretation of the meaning of the codes or the application of the codes in a specific circumstance issued in response to a specific request by a party to the issue. (15) "State regulator" means an agency of the state which is empowered to engage in the regulation of construction, alteration, remodeling, building, repair, and other activities subject to the codes adopted pursuant to this chapter. (16) "Unlawvful conduct" as defined in Section 58-1-501 includes: (a) engaging in the sale of factory built housing without being registered with the division as a dealer, unless the sale is exempt under Section 58-56-16; and (b) 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. 58-56-4. Adoption of building codes - Am. endments. (1) As used in this section: (a) "Agricultural use' means a use which relates to the tilling of soil and raising of crops, or keeping or raising domestic animals, for the purpose of commercial food production. (b) "Not for human occupancy" means use of a structure for purposes other than protection or comfort of human beings, but allows people to enter the structure for maintenance and repair and for the care of livestock, crops, or equipment intended for agricultural use which are kept there. (2) Subject to the provisions of Subsections (4) and (5), the following are adopted as the construction standards to which the state and each political subdivision of this state shall adhere in building construction, alteration, remodeling and repair, and in the regulation of building construction, alteration, remodeling and repair: (a) a building code promulgated by a nationally recognized code authority; (b) the National Electrical Code promulgated by the National Fire Protection Association; (c) a plumbing code adopted by a nationally recognized code authority; and (d) a mechanical code promulgated by a nationally recognized code authority (3) The division, in collaboration with the commission, shall adopt by rule the edition of the NEC or code and specific edition of the codes described in Subsections (l)(a), (c) and (d) to be used as the standard and may adopt by rule successor editions of any adopted code. (4) The division, in collaboration with the commission, may adopt amendments to the adopted codes to be applicable to the entire state or within a political subdivision only in accordance with 58-56-7. (5) Except in a residential area, a structure used solely in conjunction- with agriculture use, and not for human occupancy, is exempted from the permit requirements of any building code adopted by the division, how 'ever, unless otherwise exempted, plumbing, electrical, and mechanical permits may be required when that work is included in the structure. 58-56-5. Building Code Commission - Composition of Commission - Commission duties and responsibilities. (1) There is established a Uniform Building Code Commission to advise the division 4ith respect to the division's responsibilities in administering the codes under this chapter. (2) The commission shall be appointed by the executive director e'ho shall submit his nominations to the governor for confirmation or rejection. If a nominee is rejected, alternative names shall be submitted until confirmation is receiv'ed. Following confirmation by the governor, the appointment shall be made. (3) The Commission shall consist of eleven members who shall be appointed in accordance with the following: (a) one member shall be from among candidates nominated by the Utah League of Cities and Towvs and the Utah Association of Counties; Appendix B 78 Utah (b) one member shall be a licensed building inspector employed by a political subdivision of the state; (c) one member shall be a licensed professional engineer; (d) one member shall be a licensed architect; (e) one member shall be a fire official; (f) three members shall be contractors licensed by the state, of which one shall be a general contractor, one an electrical contractor, and one a plumbing contractor; (g) two members shall be from the general public and have no affiliation with the construction industry or real estate development industry; and (h) one member shall be from the Division of Facilities Construction Management, Department of Administrative Services. (4) (a) Except as required by Subsection (b), as terms of current commission members expire, the executive director shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years. (5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (6) No commission member may serve more than two full terms, and no commission member who ceases to serve may again serve on the commission until after the expiration of two years from the date of cessation of service. (7) A majority of the commission members shall constitute a quorum and may act in behalf of the commission. (8) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107. (ii) Members may decline to receive per diem and expenses for their service. (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107. (ii) State government officer and employee members may decline to receive per diem and expenses for their service. (c) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107. (ii) Local government members may decline to receive per diem and expenses for their service. (9) The commission shall annually designate one of its members to serve as chair of the commission. The division shall provide a secretary to facilitate the function of the commission and to record its actions and recommendations. (10) The duties and responsibilities of the commission are to: (a) recommend to the director the adoption by rule of the edition of the NEC, and the specific codes and editions of the codes described in Subsections 58-56-4(1)(a), (c) and (d) adopted pursuant to this chapter; (b) recommend to the director the adoption by rule of amendments to the NEC, the building code, the mechanical code, and plumbing code adopted pursuant to this chapter; (c) offer an opinion regarding the interpretation of or the application of any of the codes adopted pursuant to this chapter upon a formal submission by a party to the matter in question which submission must clearly state the facts in question, the specific code citation involved and the position taken by all parties; (d) act as an appeals board as provided in 58-56-8(3); 79 Sample EnablEngActs (e) establish advisory peer committees on either a standing or ad hoc basis. to advise the commission with respect to building code matters, including a committee to advise the commission regarding health matters related to the UPC; and (f) assist the division in overseeing code related training in accordance with Section 58-56-9 of this chapter. 58-56-6. Building codes - Division duties and responsibilities. (1) The division shall administer the adoption and amendment of the NEC, the building *code, the mechanical, code, and the plumbing code adopted under Section 58-56-4 pursuant to this chapter; but,shall have no responsibility or duty to conduct inspections to determine compliance with the codes, issue permits or assess building permit fees. (2) Administration of the NEC, the building code, the mechanical code, and the plumbing code adopted under Section 58-56-4 by the division shall include: (a) receiving recommendations from the commission and thereafter adopting by rule the editions of the codes and amendments to the codes; (b) maintaining and publishing for reference on a current basis the editions of the code in force and amendments thereto; and (c) receiving requests for amendments and opinions from the comnissi-on, scheduling appropriate hearings and publishing the amendments to the codes and the opinions of the commission with respect to interpretation and application of the codes. 58-56-7. Code amendments - Commission recommendations - Division duties and responsibilities. (1) The division, with the commission, shall establish by rnle the procedure and manner under which requests for amendments to codes shall be: (a) filed with the division; and (b) recommended or declined for adoption. (2) The division shall accept from any local regulators, state regulators, state agencies involved with the construction and design of buildings, the contractors, plumbers, or electricians licensing boards, or from recognized construction-related associations a request for amendment to the NEC, the building code, the mechanical code, or the plumbing code adopted under Section 58-56-4. (3) The division or the commission on its own initiative may make recommendations to the commission for amendment to the NEC, the building code, the mechanical code, or the plumbing code adopted under Section 58-56-4. (4) On May 15 and November 15 of each calendar year, or the first government working day thereafter if either date falls on a weekend or government holiday, the division shall convene a public hearing, as a part of the rulemaking process, before the commnission concerning requests for amendment of the codes, recommended by the division and commission to be adopted by rule. The hearing shall be conducted in accordance with the rules of the commission. (5) WAlithin 15 days following completion of the hearing under Subsection (4) or (5), the commission shall provide to the division a written recommendation concerning each amendment. (6) The division shall consider the recommendations and promulgate amendments by rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act and as prescribed by the director. (7) The decision of the division to accept or reject the recommendation of the commission shall be made within 15 days after receipt of the recommendation. (8) All decisions of the division pertaining to adoption of a code edition or amendments to any code, which are contrary to recommendations of the commission, may be overridden by a two-thirds vote of the commission according to a procedure to be established by rule. (9) (a) Amendments with statewide application: (i) shall be effective on the January 1 or July 1 immediately following the public hearing; or (ii) may be effective prior to the dates in Subsection (i) if designated by the division and the commission as necessary for the public health, safety, and welfare. 80 Appendix B Utah (b) Amendments with local application only shall be effective on a date to be determined by the division and the commission. (c) In making rules required by this chapter, the division shall comply with he provisions of Title 63, Chapter 46a, Administrative Rulemaking Act, the provisions of that chapter shall have control over this section in case of any conflict. (10) The commission shall study the necessity of an engineer's stamp on all building permits. This study shall be reported to the Business and Labor Interim Committee by November 1996. 58-56-8. Compliance with codes - Responsibility for inspections - Appeals. (1) The responsibility for inspection of construction projects and enforcement of compliance with provisions of the codes shall be with the compliance agency having jurisdiction over the project and the applicable codes. (2) A finding by a compliance agency that a licensed contractor, electrician, or plumber has materially violated the provisions of a code in a manner to jeopardize the public health, safety, and welfare and failed to comply with corrective orders of the compliance agency shall be furnished in writing to the division by the compliance agency. It shall be the responsibility of the compliance agency to conduct a primary investigation to determine that, in fact, there has been a material violation of the provisions of the code jeopardizing the public interest and provide the report of investigation to the division. (3) Each compliance agency shall establish a method of appeal by which a person disputing the application and interpretation of a code may appeal and receive a timely review of the disputed issues in accordance with provisions of the National Electrical Code, the building code, the mechanical code, or the plumbing code adopted under Section 58-56-4. If a compliance agency refuses to establish a method of appeal, the commission shall act as the appeals board and conduct a hearing within 45 days. The findings of the commission shall be binding. An appeals board established under this section shall have no authority to interpret the administrative provisions of the codes nor shall the appeals board be empowered to waive requirements of the codes. 58-56-8.5 Building Inspector Licensing Board. (1) There is created a Building Inspector Licensing Board consisting of four building inspectors and one member of the general public. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 through 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to: (a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (b) advise the division in its investigation of these complaints. (4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer of an administrative proceeding concerning the complaint. 58-56-9. Qualifications of inspectors - Contract for inspection services. (1) Effective July 1, 1993, all inspectors employed by a local regulator, state regulator, or compliance agency to enforce provisions of the codes adopted pursuant to this chapter shall: (a) meet minimum qualifications as established by the division in collaboration with the commission or be certified by a nationally recognized organization which promulgates codes adopted under this chapter, or pass an examination developed by the division in collaboration with the commission; (b) be currently licensed by the division as meeting those minimum qualifications; and (c) be subject to revocation or suspension of their license or may be placed on probation if found guilty of unlawful or unprofessional conduct. (2) A local regulator, state regulator, or compliance agency may contract for the services of a licensed inspector not regularly employed by the regulator or agency. Sample EnablingActs al (3) (a) The division shall use the monies received in Subsection (4) to provide education regarding the codes and code amendments to: (i) building inspectors; and (ii) individuals engaged in construction-related trades. (b) All funding available for the building inspector's education program shall be nonlapsing. (4) Each compliance agency shall charge a 1% surcharge on all building permits issued and shall transmit 80% of the amount collected to the division to be utilized by the division to fulfill the requirements of Subsection (3). The surcharge shall be deposited as a dedicated credit. 58-56-10. Repealed. 58-56-11. Standards for specialized buildings. (1) This chapter shall not be implied to repeal or otherwise affect authorities granted to a state agency to make or administer standards for specialized buildings, as provided in Title 26, Chapter 21, Title 62A, Chapter 2, and Title 64, Chapter 13, or authorities granted to a state agency by statute to make or administer other special standards. In the event of a conflict between such special standards and codes adopted pursuant to this chapter, the special standards shall prevail. (2) The provisions of this chapter do not apply to the administration of the statutes described in Subsection (1). 58-56-12. Factory built housing units. Factory built housing unit construction, permit issuance for set-up, set-up and set-up inspection shall be in accordance with the following: (1) Manufactured homes: (a) manufactured homes constructed, sold, or set-up in the state shall be constructed in accordance with the HUJD code; (b) manufactured homes set-up in the state shall be installed in accordance with the "installation standard" defined in Section 58-56-3; (c) the authority and responsibility for the issuance of building permits for the modification or set-up of manufactured homes w%7ithin a political subdivision of the state shall be with the local regulator within that political subdivision; and (d) the inspection of modifications to or set-up shall be conducted and approvals given by the local reg uator withi-n the political subdivision in which the set-up takes place. (2) Mobile homes: (a) mobile homes sold or set-up in the state shall be constructed in accordance with the mobile home construction code in existence in the state in which the mobile home was constructed at the time the mobile home was constructed; (b) mobile homes set-up in the state shall be installed in accordance with the "installation standard" defined in Section 58-56-3; (c) the authority and responsibility for the issuance of building permits for the modification of or set-up of mobile homes within a political subdivision of the state shall be with the local regulator within that political subdivision; and (d) the inspection of, modification to, or set-up shall be conducted and approvals given by the local regulator within the political subdivision in which the set-up takes place. 58-56-13. Modular units. Modular unit construction, set-up, issuance of permits for construction or set-up, and set-up shall be in accordance with the following: (1) construction and set up shall be in accordance with the building standards adopted pursuant to Section 58-564, or equivalent standards adopted by rule; (2) the responsibility and authority for plan review and issuance of permits for construction, modification, or set-up shall be that of the local regulator of the political subdivision in which the modular unit is to be set-up; 82Appendix B 82 Utah (3) the inspection of the construction, modification of, or set-up of a modular unit to determine conformance with the provisions of this chapter and the issuance of approvals shall be the responsibility of the local regulator in the political subdivision in which the modular unit is to be set-up or is set-up; and (4) nothing in this section shall preclude a local regulator from contracting with a qualified third party for the inspection or plan review provided in this section, or the state from entering into an interstate compact for third party inspection of the construction of modular units. 58-56-14. Modification of factory built housing units and modular units. (1) Any modification to factory built housing units shall be made in accordance with the following: (a) Prior to set-up, modification to a manufactured home or mobile home prior to installation or set-up of the unit for habitation shall be made in accordance with the HUD code. (b) After set-up: (i) modification to a manufactured home or mobile home after installation or set-up of the unit for habitation, which modification does not include the addition of any space to the existing unit or the attachment of any structure to the existing unit shall be made in accordance with the HUD code; and (ii) modification to a manufactured home or mobile home after installation or set-up of the unit for habitation, which modification includes the addition of any space to the existing unit or the attachment of any structure to the unit shall be made as follows: (A) modifications to the existing unit shall be in accordance with the HUD code; and (B) additional structure outside of the existing unit shall be in accordance with the Utah Uniform Building Standards Act. (2) Any modification to modular housing units shall be made in accordance with the Utah Uniform Building Standards Act. 58-56-15. Factory built housing and modular units - Division responsibility. The division: (1) shall maintain current files with respect to the HUD code and amendments thereto with respect to manufactured homes and the "installation standard" defined in Section 58-56-3 with respect to installation of factory built housing; and will provide at reasonable cost such information to all compliance agencies, local regulators, or state regulators requesting such information; (2) shall provide qualified personnel to advise compliance agencies, local regulators, and state regulators regarding the standards for construction and set-up, construction and set-up inspection, and additions or modifications to factory built housing; (3) may regularly inspect the work of all factory built housing manufacturers in the state during the construction process to determine compliance of the manufacturer with the applicable standards of the HUD code or the American National Standards Institute, Inc. or equivalent standards adopted by rule; and upon a finding of any substantive deficiency furnish a written finding of such deficiency to the standards agency; (4) is hereby designated as the state administrative agency and shall act as such for all purposes under the provisions of the HUD code; and (5) may inspect the work of all modular unit manufacturers in the state during the construction process to determine compliance of the manufacturer with the Utah Uniform Building Standard Act for those units to be installed within the state; and upon a finding of any substantive deficiency issue a corrective order to the manufacturer with a copy to the local regulator in the state's political subdivision in the unit is to be installed. 58-56-16. Registration of dealers. (1) Each person engaged in the sale of factory built housing in the state shall annually register with the division as a "dealer" and shall pay an annual registration fee of $15. (2) Subsection (1) does not apply to: Sample EnablingActs a3 (a) a person not regularly engaged in the sale of factory built housing who is selling a unit he owns for his own account; (b) a principal broker licensed under Title 61, Chapter 2, Division of Real Estate; or (c) a sales agent or associate broker licensed under Title 61, Chapter 2, Division of Real Estate, sells factory built housing as an agent for, and under the supervision, of the licensed principal broker with ivhom he is affiliated. 58-56-17. Fees on sale - Escrow agents - Sales tax. *() Each dealer shall collect and remit a fee of $75 to the division for each factory built home the dealer sells that has not been permanently affixed to real property. The fee shall be payable within 30 days following the close of each calendar quarter for all units sold during that calendar quarter. The fee shall be deposited in a restricted account as provided in Section 58-56-17.5. (2) Any principal real estate broker, associate broker or sales agent exempt from registration as a dealer under Section 58-56-16 who sells a factory built home that has not been affixed to real property shall close the sale only through a qualified escrow agent in this state registered with the Insurance Department or the Department -ofFinancial Institutions. (3) Each escrow agent through which a sale is closed under Subsection (2) shall remit all required sales tax to the state. 58-56-17.5. Factory Building Housing Fees Restricted Account. (1) There is created within the General Fund a restricted account know,%n as 'Factory Built Housing Fees Account.' (2) (a) The restricted account shall be funded from the fees the dealer collects and remits to the division for each factory built home the dealer sells as provided in Subsection 58-56-17(1). (b) The division shall deposit all monies collected under Subsection 58-56-17(l) in the restricted account. (c) The restricted account shall be used to pay for education and enforcement of the Uniform Building Standards Act, including investigations and administrative actions and the funding of additional employees to the amount of the legislative appropriation. (d) The restricted account may accrue interest which shall be deposited into the restricted account. 58-56-18. Repealed. UTAH UNIFORM BIJILDING STANDARDS ACT Tite 58, Chapter 56 Utah Code Annotated 1953 As Amended by Session Lawvs of Utah 1997 Issued Mway 5,1997 Division of Occupational and Professional Licensing State o' Utah 84