(1) By no later than July 1, 2024, the Division of Facilities Construction and Management shall maintain a list of third party inspection agencies that have been approved by the Division of Facilities Construction and Management to conduct: (a) review of construction documents; and (b) an inspection of a module or panelized system. (2) An approved third party inspection agency: (a) shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules; (b) shall be independent in judgment and not have any actual or potential conflict of interest; (c) is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias; (d) shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; and (e) shall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended. (3) An approved third party inspector: (a) shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules; (b) shall be independent in judgment and not have any actual or potential conflict of interest; (c) is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias; (d) shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; and (e) shall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended. (4) A third party inspector at an approved third party agency shall: (a) be licensed and certified as a combination building inspector under Title 58, Occupations and Professions; (b) meet the requirements for a third party inspector under the Modular Building Institute Standard 1205, Chapter 4; and (c) be knowledgeable regarding the construction and installation of modular units. (5) (a) A modular manufacturer shall contract with one or more third party agencies or third party inspectors to perform offsite construction documents review and inspection. (b) A contract described in Subsection (5)(a) does not constitute an actual or implied conflict of interest.
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