Section 15A-1-304.1 - Unregistered modular units(1) Except as provided in Subsection (7), the Division of Facilities Construction and Management shall determine whether an unregistered modular unit is compliant with this chapter.(2) Upon discovery of an unregistered modular unit, the Division of Facilities Construction and Management shall:(a) inform the local regulator, which shall:(i) issue an order to the owner of the unregistered modular unit to cease use or occupancy of the unregistered modular unit until a third party inspector determines the unregistered modular unit has come into compliance; or(ii) determine if the unregistered modular unit is considered compliant, as described in Subsection (7); and(b) require the owner of the unregistered modular unit to:(i) produce documentation of the modular unit's compliance with this chapter: (A) if the unregistered modular unit is only missing a decal or had a decal but the decal is no longer visible; or(B) if the unregistered modular unit is considered compliant under Subsection (7); or(ii) arrange for a third party inspector to inspect the unregistered modular unit, as described in Subsection (4).(3) Upon receiving and verifying the documentation described in Subsection (2)(b)(i)(A), the Division of Facilities Construction and Management shall issue the owner of an unregistered modular unit a decal to be affixed to the unregistered modular unit.(4)(a) Upon inspection of an unregistered modular unit, a third party inspector shall determine when and where the unregistered modular unit was manufactured.(b) If the unregistered modular unit was manufactured in another state by a modular manufacturer approved by a regulator in that state at the time the unregistered modular unit was manufactured, the third party inspector shall:(i) conduct a review of the original construction documents and the requirements of the state in which the unregistered modular unit was manufactured as of the time of manufacturing to determine the degree to which the unregistered modular unit's manufacture and installation is compliant with the requirements of this chapter;(ii) in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; and(iii) determine whether the unregistered modular unit is compliant with: (A) the requirements for a modular building described in this chapter; and(B) the building codes that were in effect at the time the unregistered modular building was manufactured.(c) If the unregistered modular unit was manufactured in another state by a modular manufacturer that was not approved by that state, or if the date of manufacture of the unregistered modular unit cannot be determined, the third party inspector shall: (i) in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; and(ii) determine whether the unregistered modular unit is compliant with the requirements for a modular building described in this chapter.(d) If the third party inspector cannot determine where or when the unregistered modular unit was manufactured, or if original construction documents for the unregistered modular unit cannot be located or verified, the third party inspector shall inspect the unregistered modular unit for compliance with this chapter, including requiring disassembly of the unregistered modular unit if necessary.(5) If the third party inspector is able to review and verify the original construction documents for the unregistered modular unit, and the original construction documents for the unregistered modular unit are sufficient to determine whether the construction of the unregistered modular unit complies with this chapter, the third party inspector may not require disassembly of the modular unit.(6)(a) If the third party inspector determines the unregistered modular unit is compliant with the requirements for modular units in this chapter: (i) the third party inspector shall report the finding to:(A) the Division of Facilities Construction and Management; and(B) the local regulator; and(ii) affix a decal to the unregistered modular unit.(b) The report described in Subsection (6)(a)(i) shall include a description of any changes made to the unregistered modular unit.(7) If an unregistered modular unit installed before May 4, 2024, has a certificate of occupancy from a local regulator, the unregistered modular unit is considered compliant with the requirements for a modular unit described in this chapter so long as the unregistered modular unit remains in the jurisdiction of the local regulator that issued the certificate of occupancy.Added by Chapter 431, 2024 General Session ,§ 12, eff. 5/1/2024.