17-36-55. Fees collected for construction approval -- Approval of plans. (1)As used in this section: (a)"Business day" means a day other than Saturday, Sunday, or a legal holiday. (b)"Construction project" means the same as that term is defined in Section 38-1a-102. (c)"Lodging establishment" means a place providing temporary sleeping accommodations to the public, including any of the following: (i)a bed and breakfast establishment; (ii)a boarding house; (iii)a dormitory; (iv)a hotel; (v)an inn; (vi)a lodging house; (vii)a motel; (viii)a resort; or (ix)a rooming house. (d)"Planning review" means a review to verify that a county has approved the following elements of a construction project: (i)zoning; (ii)lot sizes; (iii)setbacks; (iv)easements; (v)curb and gutter elevations; (vi)grades and slopes; (vii)utilities; (viii)street names; (ix)defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and (x)subdivision. (e) (i)"Plan review" means all of the reviews and approvals of a plan that a county requires to obtain a building permit from the county with a scope that may not exceed a review to verify: (A)that the construction project complies with the provisions of the State Construction Code under Title 15A, State Construction and Fire Codes Act; (B)that the construction project complies with the energy code adopted under Section 15A-2-103; (C)that the construction project received a planning review; (D)that the applicant paid any required fees; (E)that the applicant obtained final approvals from any other required reviewing agencies; (F)that the construction project complies with federal, state, and local storm water protection laws; (G)that the construction project received a structural review; (H)the total square footage for each building level of finished, garage, and unfinished space; and (I)that the plans include a printed statement indicating that the actual construction will comply with applicable local ordinances and the state construction codes. (ii)"Plan review" does not mean a review of a document: (A)required to be re-submitted for a construction project other than a construction project for a one to two family dwelling or townhome if additional modifications or substantive changes are identified by the plan review; (B)submitted as part of a deferred submittal when requested by the applicant and approved by the building official; or (C)that, due to the document's technical nature or on the request of the applicant, is reviewed by a third party. (f)"State Construction Code" means the same as that term is defined in Section 15A-1-102. (g)"State Fire Code" means the same as that term is defined in Section 15A-1-102. (h)"Structural review" means: (i)a review that verifies that a construction project complies with the following: (A)footing size and bar placement; (B)foundation thickness and bar placement; (C)beam and header sizes; (D)nailing patterns; (E)bearing points; (F)structural member size and span; and (G)sheathing; or (ii)if the review exceeds the scope of the review described in Subsection (1)(h)(i), a review that a licensed engineer conducts. (i)"Technical nature" means a characteristic that places an item outside the training and expertise of an individual who regularly performs plan reviews. (2) (a)If a county collects a fee for the inspection of a construction project, the county shall ensure that the construction project receives a prompt inspection. (b)If a county cannot provide a building inspection within three business days after the day on which the county receives the request for the inspection, the applicant may engage an inspection with a third-party inspection firm from the third-party inspection firm list, as described in Section 15A-1-105. (c)If an inspector identifies one or more violations of the State Construction Code or State Fire Code during an inspection, the inspector shall give the permit holder written notification that: (i)identifies each violation; (ii)upon request by the permit holder, includes a reference to each applicable provision of the State Construction Code or State Fire Code; and (iii)is delivered: (A)in hardcopy or by electronic means; and (B)the day on which the inspection occurs. (3) (a)A county shall complete a plan review of a construction project for a one to two family dwelling or townhome by no later than 14 business days after the day on which the applicant submits a complete building permit application to the county. (b)A county shall complete a plan review of a construction project for a residential structure built under the International Building Code, not including a lodging establishment, by no later than 21 business days after the day on which the applicant submits a complete building permit application to the county. (c) (i)Subject to Subsection (3)(c)(ii), if a county does not complete a plan review before the time period described in Subsection (3)(a) or (b) expires, an applicant may request that the county complete the plan review. (ii)If an applicant makes a request under Subsection (3)(c)(i), the county shall perform the plan review no later than: (A)for a plan review described in Subsection (3)(a), 14 days from the day on which the applicant makes the request; or (B)for a plan review described in Subsection (3)(b), 21 days from the day on which the applicant makes the request. (d)An applicant may: (i)waive the plan review time requirements described in this Subsection (3); or (ii)with the county's consent, establish an alternative plan review time requirement. (4)A county may not enforce a requirement to have a plan review if: (a)the county does not complete the plan review within the time period described in Subsection (3)(a) or (b); and (b)a licensed architect or structural engineer, or both when required by law, stamps the plan. (5) (a)A county may attach to a reviewed plan a list that includes: (i)items with which the county is concerned and may enforce during construction; and (ii)building code violations found in the plan. (b)A county may not require an applicant to redraft a plan if the county requests minor changes to the plan that the list described in Subsection (5)(a) identifies. (c)A county may require a single resubmittal of plans for a one or two family dwelling or townhome if the resubmission is required to address deficiencies identified by a third-party review of a geotechnical report or geological report. (6)If a county charges a fee for a building permit, the county may not refuse payment of the fee at the time the applicant submits a building permit application under Subsection (3). (7)A county may not limit the number of building permit applications submitted under Subsection (3). (8)For purposes of Subsection (3), a building permit application is complete if the application contains: (a)the name, address, and contact information of: (i)the applicant; and (ii)the construction manager/general contractor, as defined in Section 63G-6a-103, for the construction project; (b)a site plan for the construction project that: (i)is drawn to scale; (ii)includes a north arrow and legend; and (iii)provides specifications for the following: (A)lot size and dimensions; (B)setbacks and overhangs for setbacks; (C)easements; (D)property lines; (E)topographical details, if the slope of the lot is greater than 10%; (F)retaining walls; (G)hard surface areas; (H)curb and gutter elevations as indicated in the subdivision documents; (I)utilities, including water meter and sewer lateral location; (J)street names; (K)driveway locations; (L)defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and (M)the location of the nearest hydrant; (c)construction plans and drawings, including: (i)elevations, only if the construction project is new construction; (ii)floor plans for each level, including the location and size of doors and windows; (iii)foundation, structural, and framing detail; and (iv)electrical, mechanical, and plumbing design; (d)documentation of energy code compliance; (e)structural calculations, except for trusses; (f)a geotechnical report, including a slope stability evaluation and retaining wall design, if: (i)the slope of the lot is greater than 15%; and (ii)required by the county; and (g)a statement indicating that actual construction will comply with applicable local ordinances and building codes.
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