Section 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;(d) "Planning review" means a review to verify that a county has approved the following elements of a construction project:(v) curb and gutter elevations;(ix) defensible space provisions and elevations, if required by the Utah Wildland Urban Interface Code adopted under Section 15A-2-103; and(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;(F) structural member size and span; and(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:(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: (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;(E) topographical details, if the slope of the lot is greater than 10%;(H) curb and gutter elevations as indicated in the subdivision documents;(I) utilities, including water meter and sewer lateral location;(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.Amended by Chapter 375, 2024 General Session ,§ 4, eff. 5/1/2024.Amended by Chapter 3, 2021SP1 General Session ,§ 15, eff. 5/28/2021.Amended by Chapter 441, 2020 General Session ,§ 15, eff. 5/12/2020.Amended by Chapter 20, 2019 General Session ,§ 29, eff. 7/1/2019.Amended by Chapter 236, 2018 General Session ,§ 3, eff. 5/8/2018.Amended by Chapter 313, 2017 General Session ,§ 3, eff. 5/9/2017.Added by Chapter 197, 2014 General Session ,§ 4, eff. 5/13/2014.