Utah Admin. Code 156-15A-231

Current through Bulletin 2024-20, October 15, 2024

Section R156-15A-231 - Administration of Building Code Inspector Training Fund, Building Code Construction-Related Training Fund, and Factory Built Housing Fees Account

Under Subsections 15A-1-209(5)(c) and 58-56-17.5(2)(c), and Section R156-15A-230, the following procedures, standards, and policies are established for the administration of the Building Code Inspector Training Fund, the Building Code Construction-Related Training Fund, and the Factory Built Housing Fees Account:

(1) The Division may not approve or deny education grant requests from a separate fund or account until the Education Advisory Committee has considered and made its recommendations on the requests.

(2) Appropriate funding expenditure categories include:

(a) for the Building Code Inspector Training Fund or the Factory Built Housing Fees Account, grants in the form of reimbursement funding to the following organizations that administer code-related training or factory built housing educational events, seminars, or classes:

(i) schools, colleges, universities, departments of universities, or other institutions of learning;

(ii) construction trade associations;

(iii) professional associations or organizations; and

(iv) governmental agencies;

(b) for the Building Code Construction-Related Training Fund, grants in the form of reimbursement funding to the following organizations that administer code-related training events, seminars, or classes:

(i) construction trade associations; or

(ii) professional associations;

(c) costs or expenses incurred as a result of code events, seminars, or classes directly administered by the Division;

(d) expenses incurred for the salary, benefits, or other compensation and related expenses resulting from the employment of a Board Secretary;

(e) office equipment and associated administrative expenses required for the performance of the duties of the Board Secretary, including computer equipment, telecommunication equipment and costs and general office supplies; and

(f) other related expenses as determined by the Division.

(g) Gift cards, door prizes, and the cost of food and food services provided to training participants are not appropriate funding expenditure categories, and may not be paid or reimbursed from any fund.

(3) The following procedure shall be used for submission, review, and payment of funding grants:

(a)

(i) A funding grant applicant shall submit a completed application on Division forms;

(A) at least 15 days before the meeting at which the request is to be considered; and

(B) before the training event.

(ii) An application that does not comply with Subsection (3)(a) may be denied.

(b) Payment of approved funding grants shall be made as reimbursement after:

(i) the approved event, class, or seminar has been held; and

(ii) the required receipts, invoices, and supporting documentation, including proof of payment if requested by the Division or Committee, have been submitted to the Division.

(c) Approved funding grants shall be reimbursed only for eligible expenditures that have been executed in good faith with the intent to ensure the best reasonable value.

(d)

(i)

(A) A Request for Reimbursement of an approved funding grant shall be submitted to the Division within 60 days following the approved event, class, or seminar, unless an extenuating circumstance occurs.

(B) Written notice shall be given to the Division of an extenuating circumstance.

(ii) Failure to submit a Request for Reimbursement within 60 days shall result in non-payment of approved funds, unless an extenuating circumstance has been reviewed and accepted by the Division.

(4) The Committee shall consider the following in determining whether to recommend to the Division approval of a proposed funding request :

(a) the fund balance available;

(b) if the proposed request meets the overall training objectives of the fund, including the need for training:

(i) on the subject matter;

(ii) in the geographical area where the training is offered; and

(iii) on new codes being considered for adoption;

(c) if the grant applicant agrees to charge a cost for the training event, class, or seminar that is uniform across categories of attendees;

(d) the earlier record of the program sponsor in providing codes training, including if:

(i) the subject matter taught was appropriate;

(ii) the instructor was appropriately qualified and prepared; and

(iii) the program sponsor followed appropriate and adequate procedures and requirements in providing the training and submitting requests for funding;

(e) costs of the facility, including:

(i) the location of a facility or venue, or the type of event, seminar, or class;

(ii) the suitability of the facility or venue for the anticipated attendance, or in connection with additional non-funded portions of an event or conference;

(iii) the duration of the proposed event, seminar, or class; and

(iv) if the proposed cost of the facility is reasonable compared to the cost of alternative available facilities;

(f) the estimated cost for instructor fees, including:

(i) a reimbursement rate for instruction activities not to exceed $150 per instruction hour without further review and approval by the Committee, and with preparation time, event coordination, course development costs, staff time, and travel time not separately reimbursable;

(ii) the experience or expertise of the instructor in the proposed training area;

(iii) the quality of training based upon events, seminars or classes that have been previously taught by the instructor;

(iv) the drawing power of the instructor, meaning the ability to increase the attendance at the proposed educational event, seminar, or class;

(v) travel expenses; and

(vi) if the proposed cost for the instructor or instructors is reasonable compared to the costs of similar events, seminars, or classes;

(g) the estimated cost of advertising materials, brochures, registration, and agenda materials, including:

(i) printing costs that may include creative or design expenses;

(ii) whether printed materials comply with Subsection (4)(b); and

(iii) delivery or mailing costs;

(h) other reasonable and comparable cost alternatives for each proposed expense item;

(i) other information the Committee reasonably believes may assist in evaluating a proposed expenditure; and

(j) a total reimbursement rate of the lesser of $10 per student hour or the cost of the approved actual expenditures.

(5) The Division, after consideration and recommendation of the Committee based upon the criteria in Subsection (4), may reimburse the following reasonable costs in addition to the lesser of $10 per student hour or the cost of the approved actual expenditures:

(a) text books, code books, or code update books;

(b) cost of one Division licensee mailing list per provider per two-year renewal period;

(c) cost incurred to upload continuing education hours into the Division's online registry for contractors, plumbers, electricians, or elevator mechanics; and

(d) cost of advertising materials, brochures, registration and agency materials, including:

(i) printing costs, which may include creative or design expenses; and

(ii) delivery or mailing costs.

(6) Joint function.

(a) "Joint function" means a proposed event, class, seminar, or program that provides code or code-related training or factory built housing education, and education or activities in other areas.

(b) Only the prorated portions of a joint function that apply to the purposes of a separate fund are eligible for a funding grant from that fund.

(c) In considering a proposed funding request that involves a joint function, the Committee shall consider if:

(i) the expenses subject to funding are reasonably prorated for the costs directly related to the purposes of the separate fund; and

(ii) the education being proposed will be reasonable and successful in the training objective in the context of the entire program or event.

(7) Advertising materials, brochures, and agenda or training materials for a Building Code Training funded event, seminar, or class shall include a statement that acknowledges that partial funding of the program has been provided by the Utah Division of Occupational and Professional Licensing from the 1% surcharge funds on building permits.

(8) Advertising materials, brochures, and agenda or training materials for a Factory Built Housing Fees Account funded educational event, seminar, or class shall include a statement that acknowledges that partial funding of the training program has been provided by the Utah Division of Occupational and Professional Licensing from surcharge fees on factory built housing sales.

(9) If an approved event or joint event is not held, no amount is reimbursable except for the costs described in Subsection (5)(d).

Utah Admin. Code R156-15A-231

Amended by Utah State Bulletin Number 2014-22, effective 10/23/2014

Amended by Utah State Bulletin Number 2016-20, effective 9/26/2016

Amended by Utah State Bulletin Number 2019-9, effective 4/8/2019

Amended by Utah State Bulletin Number 2019-22, effective 10/22/2019

Amended by Utah State Bulletin Number 2020-13, effective 6/23/2020

Amended by Utah State Bulletin Number 2022-05, effective 2/22/2022