Current through the 2024 Regular Session
Section 73-59-15 - Persons and matters exempt(1) This chapter shall not apply to:(a) Agricultural buildings, buildings used for agricultural purposes, buildings constructed as a community effort, or tenant houses;(b) Any person who undertakes construction or improvement on his own residence, or who acts as his own general contractor in the performance of construction or improvement on his own residence;(c) Any person who undertakes residential construction or improvement, or who acts as a general contractor in the performance of residential construction or improvement, or who acts under supervision of the owner-occupant with respect to residential construction or improvement, when the owner of such construction or improvement is related to such person by consanguinity or direct affinity, and the property or improvement will not be for sale, rent, public use or public assembly;(d) The owners of property who supervise, superintend, oversee, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or maintenance of any building, railroad, excavation, project, development, improvement, plant facility or any other construction undertaking on such property for use by such owner and which will not be for sale, rent, public use or public assembly;(e) Any contractor holding a valid license or certificate of responsibility for general construction from the board;(f) Any nonresident contractor holding a valid license or certificate of responsibility for building construction;(g) Any person who constructs two (2) single residences or less within a period of one (1) year in any county or municipality which does not require a building permit or any local certification for such construction, provided that the person is not building the residences for sale, profit or remuneration.(2) A person specified in subsection (1)(b) or (c) shall not make more than one (1) application for a permit to construct a single residence or shall not construct more than one (1) single residence within a period of one (1) year. There shall be a rebuttable presumption that such person intends to construct for the purpose of sale, lease, rent or any similar purpose if more than one (1) application is made for a permit to construct a single residence or if more than one (1) single residence is constructed within a period of one (1) year.Laws, 1993, ch. 534, § 8; reenacted and amended, Laws, 1995, ch. 431, § 8; Laws, 1998, ch. 535, § 4; reenacted and amended, Laws, 2000, ch. 345, § 8; reenacted without change, Laws, 2005, ch. 375, § 8; reenacted without change, Laws, 2009, ch. 556, § 8; reenacted without change, Laws, 2011, ch. 433, § 8; Laws, 2012, ch. 416, § 3, eff. 7/1/2012.Amended by Laws, 2022, ch. 502, HB 1163,§ 6, eff. 7/1/2022.Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 18, eff. 7/1/2015.