(A) Adoption of codes. As authorized in UCA § 17-53-208, as amended, the provisions of the following codes are hereby adopted verbatim (except as amended in divisions (B) and (C) below) and by this reference made part of this section to the same extent and effect as though said codes were copied in full.
(Prior Code, § 7-7-1)
(B) Codes adopted. The following codes, documents and amendments designated in (B)(1) through (B)(9) below, including the regulations, provisions, conditions and terms, are hereby adopted as the Building Code of the county, for regulating the addition, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area and maintenance of all buildings or structures in the county; providing for issuance of permits and collection of the corresponding permit fees, and by reference are made a part of this section to the same extent and effect as though said code were set forth herein as full.
(1) International Building Code, 2018 edition, appendix J, including Chapter 1, Administration, as amended by the state;
(2) International Residential Code, 2015 edition, including Chapter 1, Administration, as amended by the state;
(3) International Plumbing Code, 2018 edition, including Chapter 1, Administration, as amended by the state;
(4) International Mechanical Code, 2018 edition, including Chapter 1, Administration, as amended by the state;
(5) International Fuel Gas Code, 2018 edition, including Chapter 1, Administration, as amended by the state;
(6) International Energy Conservation Code, 2018 edition, including Chapter 1, Administration, as amended by the state;
(7) National Electrical Code, 2017 edition, including annex H, Administration and Enforcement, as amended by the state;
(8) Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, published by the International Conference of Building Officials, as amended by the state; and
(9) Any amendments to the codes listed in divisions (B)(1) through (B)(8) above as required by the state code and state administrative code.
(Prior Code, § 7-7-2)
(C) Code construed in light of state statutes.
(1) The Uniform Code for the Abatement of Dangerous Buildings shall be construed so as to give effect to the statutes of the state which authorize counties to abate dangerous buildings and shall not be construed as to require the county to follow a more restrictive procedure than set forth in state statute.
(2) The county may attach the costs of abating a dangerous building pursuant to this code to the property taxes as provided by state statute.
(Prior Code, § 7-7-3)
(D) Adoption of appendices and tables. The provisions of the following appendices are hereby adopted and by this reference made part of this section to the same extent and effect as though said provisions were copied in full:
(1) Appendix E, Manufactured Housing Used as Dwellings, International Residential Code, 2015 edition, as amended by the state; and
(2) Appendix Q, Tiny Houses, International Residential Code, 2018 edition, as amended by the state.
(Prior Code, § 7-7-4)
(E) Expiration. Every permit issued by the Building Official under the provisions of the codes adopted by this section shall become invalid as per the expiration statement of each code.
(Prior Code, § 7-7-5)
(F) Copies on file. Two copies of each code adopted in divisions (A) and (B) above are ordered to be filed in the office of the County Building Official for the use and examination by the public.
(Prior Code, § 7-7-6)
(G) Occupancy violations. Whenever any building, structure or equipment therein regulated by the adopted codes is being used contrary to the provisions of these codes, including occupancy or use prior to final approved inspection, the Building Official shall file a notice of noncompliance with the County Recorder identifying the property and setting forth the fact that the building, structure or work is in violation of county codes.
(Prior Code, § 7-7-8)
(H) Release of notice of noncompliance. When the illegal use, occupancy or work is corrected, the Building Official shall provide to the property owner of record a release of notice of noncompliance certifying that the notice of noncompliance has been released and rescinded, to be filed with the County Recorder. This shall be done at the owner’s expense.
(Prior Code, § 7-7-9)
(I) Repeal of obsolete code. Any ordinance sections or parts of ordinances previously adopted by the County Commission, which are in conflict with the provisions of this section, are hereby repealed.
(Prior Code, § 7-7-10)
(J) Utility connections.
(1) It is unlawful for any utility company to provide service to any structure or building, or to service equipment or wiring for which a permit is required, until approval is granted by the Building Official.
(2) The Building Official may order utility services terminated at any location where the use is not authorized or is in violation of the building, zoning or other ordinances of the county.
(Prior Code, § 7-7-12)
(K) Appeals.
(1) (a) There is hereby created a Building Code Board of Appeals of the county to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the adopted codes under this section.
(b) The members of the Board shall be appointed by the County Commission and shall serve until replaced or a resignation is accepted.
(c) The Board shall consist of three members who are qualified by training and experience to pass on matters pertaining to building construction and are not employees of the county. There must be a minimum of two members to form a quorum.
(2) (a) An application for appeal shall be based on a claim that the true intent of the adopted codes of the county or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the codes do not fully apply, or an alternate design, material or method of construction is equivalent of that prescribed in the adopted codes of the county.
(b) The Board shall have no authority to waive requirements of the codes. An appeal shall be made in writing on forms provided by the county’s Building Official and shall be submitted to the county’s Building Official who will certify the date of filing of the appeal and shall transmit any appeal received to the members of the Board.
(3) Appeals shall be filed no later than 45 days from the date of the decision appealed; otherwise, the subject decision shall be final and shall not be appealed thereafter. The decision of the Building Code Board of Appeals shall be final unless a petition for relief therefrom is filed within 30 days of the date of such decision with a court of record having competent jurisdiction.
(4) The Building Official shall provide all information pertaining to the appeal to the Board and shall provide a Secretary to take minutes of the appeal proceedings and provide a written copy of the decision to the applicant, Building Official and each member of the Board. The Board shall adopt rules of procedure for conducting its business.
(Prior Code, § 7-7-13)
(L) Fees. Fees associated with this section are found in the most recently adopted county’s Government Fee Schedule, adopted by ordinance or resolution.
(Prior Code, § 7-7-14)
(Ord. 10-10, passed 6-15-2010; Ord. 12-08, passed 8-21-2012; Ord. 18-02, passed 2-6-2018; Ord. 20-16, passed 4-7-2020) Penalty, see 151.99