Updated Ordinance - 5/9/20241
SALT LAKE CITY ORDINANCE
No. _____ of 2024
(An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes)
An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes pursuant to Petition No. PLNPM2023-00868.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
pursuant to Petition No. PLNPM2023-00868; and
WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the City Council on said petition; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
Provisions) shall be, and hereby is amended as follows:
CHAPTER 18.04
ADMINISTRATION AND GENERAL PROVISIONS
18.04.010: DIVISION OF BUILDING SERVICES:
This title establishes the duties of the division of building services.
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18.04.020: DEFINITIONS:
A. Where undefined terms are used in this title, the definitions of "Webster's
Collegiate Dictionary" shall apply.
B. All words and phrases defined in this section shall be given such defined
meanings wherever used in this title, including the following:
BUILDING OFFICIAL: Means and refers to the director of the division of building services, or
his/her designee.
DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
103 or its successor provisions.
DIVISION: Means and refers to the division of building services of the city.
ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
violations of state law or this title, including, but not limited to, building inspectors, the building
official, fire marshals, and civil enforcement officers.
NONCOMPLIANT PROPERTY: property where one or more violations of this title have
occurred or are currently occurring.
NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
that one or more violations of city code exist on the noncompliant property.
PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
partnership, joint venture, club, company, joint stock company, business trust, limited liability
company, corporation, association, legal entity, society or other group of individuals acting as a
unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
causing, maintaining, or allowing the continuation of a violation of this title. This may include,
but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
contractor, business owner, or other person who individually or together with another person is
responsible for causing, maintaining, or allowing the continuation or a violation of any provision
of the code.
18.04.030: RESERVED
18.04.040: BUILDING AND CONSTRUCTION CODES ADOPTED:
The following codes, as adopted by the State of Utah, along with any adopted appendices are
hereby adopted as part of the code of Salt Lake City:
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The International Building Code, as promulgated by Title 15A of the Utah State Code;
The International Residential Code, as promulgated by Title 15A of the Utah State Code;
The International Fire Code;
International Existing Building Code;
International Energy Conservation Code;
International Fuel Gas Code;
National Electrical Code;
The International Mechanical Code;
The International Plumbing Code;
The International Swimming Pool and Spa Code;
Rule R156-56 of the Utah Administrative Code;
ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
Compliance, or its successor, and
1997 Uniform Code for the Abatement of Dangerous Buildings
18.04.050: RESERVED
18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
the provision of this title occur, the most restrictive provisions or requirements shall govern. In
the event a provision of this title conflicts with an is more restrictive than the codes adopted in
Utah Code Title 15A, the provisions of Title 15A shall govern.
18.04.070: LIABILITY LIMITATIONS:
Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
owner, or any other persons involved, for apparatus, construction or equipment installed by or
for them, for damages to anyone injured or damaged either in person or property by any defect
therein, nor shall the city or any employee thereof be held to assume any liability by reason of
the inspections authorized herein, or the certificate of occupancy issued by the building official.
SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
hereby is amended as follows:
CHAPTER 18.08
ORGANIZATION
18.08.010: DIVISION ESTABLISHED:
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There is established, in the department of community and neighborhoods, a subordinate division
of building services, to be under the supervision of the building official. The function of the
division shall be the implementation, administration and enforcement of the provisions of this
title.
18.08.020: POWERS AND DUTIES OF THE DIVISION:
The functions of the division of building services shall be:
A. To enforce the zoning laws of Salt Lake City;
B. To carry out, enforce and perform all duties, provisions and mandates designated,
made and set forth in the ordinances of the city concerning building, plumbing, electrical and
mechanical construction, and construction related fire suppression;
C. To examine and approve all plans and specifications before building permits shall
be issued, and to inspect or cause to be inspected all buildings and structures erected in the city;
and
D. To perform all of the functions and have all of the powers required of and
conferred on the building official by the ordinances of the city.
18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
The mayor shall employ a qualified building official and such other employees of the division
that may from time to time be required to perform the functions of this title, at such
compensation and for such periods of time as the mayor may deem proper.
18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
The building official shall maintain public office hours necessary to efficiently administer the
following duties:
A. Maintain an official register of all persons, firms or corporations lawfully entitled
to carry on or engage in the businesses regulated by this title to whom a current license has been
issued by the department of contractors of the state;
B. Issue building permits to properly licensed persons, firms or corporations for
work to be done within the scope of this title;
C. Administer and enforce the provisions of this title in a manner consistent with the
intent thereof, and inspect all work authorized by any permit, to assure compliance with
provisions of this title or amendments thereto, approving or condemning such work in whole or
in part, as conditions require;
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D. Issue a certificate of approval or certificate of occupancy for all work approved by
him/her;
E. Require correction or reject all work done or being done, or materials used or
being used which do not in all respects comply with the provisions of this title and amendments
thereto;
F. Order changes in workmanship and/or materials essential to obtain compliance
with all provisions of this title;
G. Investigate any construction or work regulated by this title and issue such notices
and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
conditions;
H. Recommend revocation of contractor licenses to the state department of business
regulation for cause;
I. Authorize any utility to make necessary connections for power, water or gas to all
applicants for such power or water in the city, when the installation and all facets of the
construction or remodel project conform to this title
J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
for the building official to allow occupancy of qualifying structures, units delivered on site must
be provided with a permanently affixed tag identifying the technical code versions, with Utah
State Amendments, under which they were built. Individuals making the inspections must be
certified and licensed building inspectors in the State of Utah; and
K. The building official may render interpretations of this title and adopt and enforce
rules and supplemental regulations pursuant to adopted state construction codes to clarify the
application of its provisions. Such interpretations, rules and regulations shall conform to the
intent and purpose of this title, and shall be made available in writing for public inspection upon
request.
18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
The building official may delegate any of his/her powers and duties.
18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
The building official, or the building official's authorized representative, shall have the authority
to disconnect or order discontinuance of any utility service or energy supply to buildings,
structures or equipment therein regulated by this code, in cases of emergency or where necessary
to protect life and property. Such utility service shall be discontinued until the emergency or
threat to life or property has ceased.
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18.08.070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
The building official, appeals hearing officer, fines hearing officer, or enforcement officials,
when acting for the city in good faith and without malice in the discharge of his/her duties, shall
not thereby render himself/herself liable personally, and the same are hereby relieved from all
personal liability for any damage that may accrue to persons or property as a result of any act
required or by reason of any act or omission in the discharge of such official's duties.
18.08.080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
The building official and any enforcement official shall have the right of entry, within reasonable
hours, to any building or premises for the purpose of inspection, or to investigate any work or
conditions governed by this title.
18.08.090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
The building official and his/her assistants shall not in any way engage in the sale or installation
of equipment or supplies upon which they are required to make inspection under this code.
SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
Examiners) shall be, and hereby is amended as follows:
CHAPTER 18.12
BOARD OF APPEALS AND EXAMINERS
18.12.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
except as otherwise set forth in this chapter.
18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
In order to (1) hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this title, including any state
construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
orders by enforcement officials, there shall be and is hereby created a board of appeals and
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examiners comprised of an appeals hearing officer and the building official. The building official
shall be an ex officio member of said board but shall not have a vote on any matter before the
board. The mayor may appoint more than one appeals hearing officer, but only one appeals
hearing officer shall consider and decide upon any matter before the board. The appeals hearing
officer may serve consecutive four year terms upon the advice of the mayor and consent of the
city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
provide for reasonable interpretations of the provisions of this title and the appeals hearing
officer shall be qualified by experience and training to pass upon matters pertaining to building
construction, housing, and abatement codes and technical disciplines set forth in this title. The
board shall hear and decide appeals where it is alleged there is an error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this title.
18.12.030: PROCEDURE FOR APPEALS TO THE BOARD OF APPEALS &
EXAMINERS:
Appeals of decisions by the building official or enforcement officials shall be taken in
accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the
building official. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the order, decision or
determination being appealed, the alleged error made by stating each fact and every theory of
relief on appeal and one or more reasons the appellant claims the administrative decision is in
error. Incomplete applications will not be accepted.
B. Filing: The application must be submitted as indicated on the form by the
applicable deadline, together with all applicable fees as set forth in the Salt Lake City
consolidated fee schedule. The applicant shall also be responsible for payment of
all fees established for providing the public notice required by the Utah Open and Public
Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
preparation of mailing labels and all other costs relating to notification. All fees are due at the
time of filing the appeal. An appeal will not be considered complete until all applicable fees are
paid.
C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
appeal.
D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
application for appeal is 10 days from the date of the decision, determination or order. Each
appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
appeal in accordance with the provisions of this section shall constitute a waiver of the person's
right to an appeal.
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E. Notice Required. Upon receipt of an appeal the board of appeals and examiners
shall schedule and hold a public hearing in accordance with the standards and procedures for
conducting public hearings set forth in Chapter 21A.10.
F. Standard of Review. The board shall conduct each appeal de novo. The
appellant has the burden of proving the decision appealed is incorrect. The board shall render a
decision based upon the applicable law. The board shall afford due process to the parties on
appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
provided such evidence is not unduly cumulative or irrelevant as determined by the board.
Hearings shall be conducted informally. After hearing all evidence and legal arguments
presented by the parties, the board shall apply the plain language of the applicable law and
issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
G. Effect of Decision. The decision of the board is a final decision of the city,
appealable to district court. No person may challenge in district court any order, decision, or
enforcement action taken pursuant to this title unless and until that person has exhausted the
administrative remedies provided by this chapter.
H. Procedures. The proceedings of each appeal hearing shall be recorded and such
recordings shall be retained for a period that is consistent with city retention policies and any
applicable retention requirements set forth in state law. The building official shall adopt
policies and procedures, consistent with the provisions of this chapter, for processing appeals,
the conduct of an appeal hearing, and for any other purpose considered necessary to properly
consider an appeal.
I. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
provision of this title specifically states otherwise.
J. Requesting a Stay: The board may grant a request submitted by any party to the
appeal to stay a decision of the building official or enforcement official for a specified period of
time or until the board issues a decision, if the requesting party can show a stay is necessary to
prevent substantial harm to the requesting party. No request is required if a provision of this title
imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
the appeal being deemed complete. If the board does not decide a request for a stay within 10
days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
authorized for incomplete appeals or appeals filed after the appeal deadline.
18.12.040: BOARD DECISIONS:
The board of appeals shall render all decisions and findings in writing to the parties within 14
days of the hearing on the appeal.
18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
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A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
may affirm or reduce an abatement statement of costs and may approve abatement cost payment
schedules.
B. Right to Appear: Any responsible party receiving a notice and order or statement
of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
division of building services. However, in the case of civil fines, no party may appear before a
fines hearing officer until violations for which the fines have accrued have been corrected.
Appeals to a fines hearing officer contesting the amount of the civil fine imposed must be filed
within 30 days from the date of compliance. Appeals to a fines hearing officer contesting the
statement of abatement costs must be filed within 20 days from the date the statement of costs is
delivered, but the only issue on such appeal is the amount of such costs and not the city’s
determination to incur abatement costs. Failure of any person to file an appeal in accordance with
the provisions of this section shall constitute a waiver of the person's right to an appeal.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any responsible party to correct the violation or make payment of
accrued civil fines nor shall it require the city to reissue any of the notices required by this
chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected and if any of the following conditions exist:
1. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
2. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
3. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after a notice of violation was issued and the new
property owner is not related by blood, marriage or common ownership to the prior
owner; or
4. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
fines hearing officer shall schedule and hold a public hearing in accordance with the standards
and procedures for conducting public hearings set forth in Chapter 21A.10.
F. Payment Schedule: At the request of a responsible party subject to civil fines or
abatement costs governed by this title, the fines hearing officer may approve a payment schedule
for the delayed or periodic payment of the applicable civil fine or abatement costs to
accommodate the person's unique circumstances or ability to pay.
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G. Failure to Comply with Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person to submit any 2 payments as
scheduled shall cause the entire amount of the original civil fine or abatement cost to become
immediately due, less any payments actually made.
18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
The city, or any person aggrieved by any decision of the board or fines hearing officer as to
abatement costs, may appeal to district court so long as the petition for such relief is filed with
the court within 30 days of the board’s or fines hearing officer’s decision.
SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
shall be, and hereby is amended as follows:
CHAPTER 18.16
LICENSES
18.16.010: STATE CONTRACTOR LICENSE REQUIRED:
Except as provided in Section 18.20.070, every applicant for a permit issued pursuant to this title
shall furnish evidence that such applicant is currently licensed under the provisions of the Utah
contractor's license law as it presently exists or hereafter may be amended, giving the
classification and number of the license, and shall have secured all licenses required by the
ordinances of Salt Lake City.
18.16.020: EXCAVATION BOND REQUIRED:
Any person, firm or corporation properly licensed to do business in accordance with this title
who in the course of their work has occasion to excavate in the city streets, alleys or rights of
way shall file an additional bond with the city in the amount of $10,000.00, or such larger
amount as the city engineer may require.
18.16.030: LICENSE NOT TRANSFERABLE:
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It is unlawful for any contractor to use such contractor's license or to allow his/her license to be
used in any way for the purpose of procuring a bond or permit for any person other than such
contractor.
18.16.040: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
or apparatus that has not been approved by a recognized listing agency.
SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
shall be, and hereby is amended as follows:
CHAPTER 18.20
PERMITS AND INSPECTIONS
18.20.010: WORK REQUIRING PERMIT:
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building, structure or premises, or make any installation,
alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
structure or premises, or cause the same to be done, without first obtaining the prescribed permits
for each such building or structure or premises from the building official.
18.20.020: FEES:
A. Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B. Plan review fees shall be 65% of the building permit fees.
C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
times the standard building plan review fee.
D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
each month, after the initial 30 day temporary certificate of occupancy, which has no additional
cost associated with it; due before the first of the month and only allowed for up to 3 renewals
after the initial free 30 day period. Partial months will not be refunded.
E. Fees for renewing expired plan review after 180 days as governed by Section
18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
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F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
G. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.20.030: APPLICATION; FORM AND FILING:
To apply for a building permit the applicant shall first file an application on a form furnished by
the building official and pay the requisite fee therefor as established in the Salt Lake City
consolidated fee schedule.
18.20.040: APPLICATION; PLANS AND OTHER DATA:
Each application for a permit shall be accompanied by all required plans, diagrams and other
data required by the building official. The building official may require the plans and other data
to be prepared and designed by an engineer or architect licensed by the state to practice as such.
18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
A. Application Review: Except as provided in subsection B of this section, the
application plans and data filed by an applicant for a building permit shall be checked by the
building official. Said application may be reviewed by other government agencies or
departments to check compliance with the laws and ordinances under their jurisdiction. No
building permit shall be issued unless and until the plans and specifications comply with all
applicable land use regulations, including but not limited to Title 21A. The building official may
issue a permit for the construction of part of a building or structure before the entire plans and
specifications for the whole building or structure have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements of this title. The holder of such permit shall proceed at his or her own risk without
assurance that the permit for the entire building or structure will be granted.
B. Expedited Plan Review: A building permit applicant may seek an expedited
building plan review, provided that the applicant pay the expedited plan review fee set forth in
Section 18.20.020 of this title. The expedited building plan review may be conducted by a
qualified third party with significant experience conducting building plan reviews, as selected
and approved by the building official. The person(s) assigned to conduct the expedited building
plan review shall provide initial comments, including corrections to be made to the building
plans, within 10 business days of the date the application was filed and all fees paid.
C. Plan Review Expiration: If a building permit applicant fails to submit corrected
building plans in accordance with the comments and requirements of the building services
division or its authorized representative within 180 days of the division transmitting such
comments and requirements to the applicant, or if the applicant fails to pay the required building
permit fee within 180 days of the division informing the applicant that its building plans are
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approved and the building permit fee is due, the plan review shall expire at the end of such
period and the review become null and void. An expired plan review may be renewed, provided
that the applicant pay the plan review renewal fee established in Section 18.20.020 of this title,
however, no plan review may be renewed after 3 years from the original submission date or if
new versions of the codes adopted pursuant to Section 18.04.040 have come into effect since the
prior plan review was conducted.
18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
Except as otherwise provided by this title, no building permit shall be issued to any person other
than a duly licensed contractor licensed by the State of Utah Division of Professional Licensing
or its successor.
18.20.070: HOMEOWNER PERMITS:
Any permit required by this title may be issued to any person to do any work regulated by this
title in a single-family dwelling used exclusively for such person's living purposes, including the
usual accessory buildings and quarters in connection with such buildings, provided that any such
person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
the same are occupied or designed to be occupied by such owner, and further provided that the
owner shall furnish the building official with a complete layout drawing of the proposed work,
satisfy the building official that he or she has a working knowledge of the code requirements,
performs the work himself or herself, pays the necessary inspection fees, and calls for all
inspections required by this title.
18.20.080: PERMIT; EFFECT OF ISSUANCE:
The issuance of a permit or approval of plans or other data shall not be construed to be a permit
for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
of third parties. The issuance of a permit based upon plans and other data shall not prevent the
building official from thereafter requiring the correction of errors in said plans and data or from
stopping construction activity being carried on thereunder when in violation of this title or any
other law. The city shall have no obligation to enforce the rights of third parties or recover
damages to third parties due to the acts or omissions of permit holders.
18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
EMERGENCIES:
A. Whenever any work requiring a permit under this title is commenced without a
permit first having been obtained the building official may pursue enforcement of this title
pursuant to Chapter 18.24.
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B. Fee Increase When: Whenever any construction or work for which a permit is
required by this title is started or commenced without obtaining the prescribed permit, the fees
specified in this title may be increased by the building official up to a fee of 10% of the valuation
of the proposed construction as determined by the building official, or $1,000.00, whichever is
greater, but the payment of such increased fees shall not relieve any persons from fully
complying with the requirements of this title in the execution of the work nor from any other
penalties prescribed herein.
C. Exception; Emergency Work: This section shall not apply to emergency work
when it shall be proved to the satisfaction of the building official that such work was urgently
necessary and that it was not practical to obtain a permit therefor before the commencement of
the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if
there be an unreasonable delay in obtaining a permit, a double fee, as herein provided, shall be
charged.
18.20.100: PERMIT; DENIAL CONDITIONS:
The building official may refuse to issue any permit for work governed by this title to any person
who has a permit revoked in accordance with this title, or during such time as such person fails
to comply with any provision of this title or Title 21A. No permit shall be issued to the
responsible party for a property actively subject to enforcement proceedings by the city for
violations of this title or Title 21A, except for permits required to correct the violations.
18.20.110: PERMIT; EXPIRATION AND RENEWAL:
Every permit issued by the building official under the provisions of this title shall expire by
limitation and become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit or if the building or work authorized
by such permit is suspended or abandoned at any time after the work is commenced for a period
of 180 days. Before such work can be recommenced, the permittee must request that the permit
be renewed by the building official and the fee therefor shall be 1/2 the amount required for a
new permit for such work. Such renewal may be granted if such request is made prior to the
permit expiring upon the permittee demonstrating justifiable cause for the renewal, and provided
no changes have been made or will be made in the original plans or scope of such work. Such
renewal shall be denied if such request is made after the permit has expired and (1) municipal
regulations impacting the use, size, yard, space or other requirements concerning the proposed
structure or development have changed since the permit was issued, (2) material changes have
been made or will be made in the original plans or scope of work, or (3) justifiable cause does
not exist to allow the project to be renewed. In connection with renewing a permit that pertains to
construction of a new structure or substantial exterior alteration of a site the building official may
impose reasonable conditions regarding a deadline to complete the work, posting of a bond,
erection of fences, securing methods, and similar conditions to mitigate the hazards of and limit
the nuisances of ongoing construction.
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18.20.120: PERMIT; NOT TRANSFERABLE:
Building permits are non-transferable without completion of a permit transfer document
approved by the building official. When any construction activity regulated by this title is not
completed by the permittee identified in the permit and is instead completed by any other person,
such person shall procure a permit to cover the work he or she performs.
18.20.130: PERMIT; SUSPENSION OR REVOCATION:
The building official may, in writing, suspend or revoke a permit issued under provisions of this
title whenever the permit is issued in error, or on the basis of inaccurate information supplied, or
upon a finding of a violation of any ordinance or regulation of any of the provisions of this title
or Title 21A.
18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
Any person adversely affected by the action of the building official made pursuant to Section
18.20.130 may appeal pursuant to Chapter 18.12, except that an appeal of a revocation or
suspension of a building permit based upon a finding of a violation of Title 21A shall be made to
the appeals hearing officer as set forth in Chapter 21A.16.
18.20.150: INSPECTION OF WORK:
A. All construction, work and equipment for which a permit is required shall be
subject to inspections by the building official. The building official may make or require any
inspection of any construction work to ascertain compliance with the provisions of this title and
other laws which are enforced by the division.
B. No construction, work or equipment regulated by this title shall be connected to
any energy, fuel or power supply or water system or sewer system until authorized by the
building official.
C. Prior to issuance of a building permit or during construction a survey of any lot or
parcel may be required by the building official to verify compliance with approved plans.
D. The building official shall not be liable for any expense entailed in the removal or
replacement of any material required to allow an inspection.
18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
No work shall be done on any part of the building or structure beyond the point indicated in each
successive inspection without first obtaining the written approval of the building official. Such
written approval shall be given only after an inspection shall have been made of each successive
step in the construction as indicated by each of the inspections required by the building official.
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18.20.170: REQUESTS FOR INSPECTIONS:
The building official may require that every request for inspection be made at least one day
before such inspection is required and in such method as prescribed by the building official. It
shall be the duty of the person requesting any inspections required by this title to provide access
to and means for proper inspection of such work. Nothing in this section shall be construed to
require the building official to perform an inspection within the notice period provided herein.
18.20.180: RESERVED
18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
A final inspection and building official approval are required on all buildings and structures
requiring a building permit prior to occupancy. Final inspection approval shall be issued in the
form of a certificate of occupancy. A building or structure shall not be used or occupied in whole
or in part, and a change in occupancy of a building or structure or portion thereof shall not be,
until the building official has issued a certificate of occupancy therefor. A certificate of
occupancy may, upon notice, be revoked by the building official if the building official finds that
elements of the property for which a certificate was issued have been changed or modified,
including a change in occupancy classification, without obtaining the requisite permits required
by this title.
18.20.200: REINSPECTIONS AND FEES:
A. A reinspection fee may be assessed:
1. When the approved plans are not readily available to the inspector;
2. For failure to provide access on the date for which the inspection is
required;
3. For deviating from plans requiring the approval of the building official.
B. In instances where reinspection fees have been assessed or reinspection is
necessary, no additional inspection of the work will be performed until the required fees have
been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
City consolidated fee schedule for each additional inspection required.
18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
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A. Each permit holder shall be responsible to see that vehicles used in the process of
carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
permit has been obtained from the city engineer for use of a designated portion of the right of
way with provisions made to keep that portion of the right of way and adjacent areas cleared of
mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
Corporation. The suitable process shall consist of:
1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
body surface of the trucks, or its equivalent;
2. The cleaning area shall be arranged to furnish adequate draining to prevent
puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
slab;
3. The cleaning area shall be located on private property and arranged in
such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
way except where permission has been granted by the city engineer;
4. The cleaning water or solution used for cleaning shall not be allowed to
enter the city streets, gutter, or storm drain or sanitary sewer system.
B. All trucks and equipment leaving the site with earthen materials or loose debris
shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
streets and/or sidewalks.
C. Ramps constructed over curbs and gutters shall not interfere with or block the
passage of water along the gutter and shall be constructed of asphalt material that will not erode
or deteriorate under adverse weather conditions.
D. The permit holder shall install erosion and water runoff controls sufficient to
ensure that no stormwater, surface water, sediments or debris from the construction site shall
drain or wash or be tracked into any public right of way or other adjacent properties, including
curb and gutter, unless permission has been granted through the erosion control plan. These
controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
storms, unseasonal storms, or methods of construction. The building official or the city engineer
may require, when in his/her discretion he/she deems necessary, an erosion control plan to be
submitted for approval. Such plan may be required any time during construction and must be
submitted within 5 days of the request. The building official or the city engineer may suspend all
work until the plan requested is approved. The permit holder will maintain all erosion control
facilities throughout the life of the construction project. He/she will monitor their effectiveness
after storms and make the necessary adjustments to ensure they function correctly.
E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
rendered unusable by either the storage of construction equipment or materials or the
construction procedures used, unless a safe, usable alternate walkway along the same side of the
street is provided by the contractor unless a permit has been issued by the city engineer. All
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alternate walkways shall be ramped in accordance with handicap ramp requirements and so
constructed as to provide an all weather walking surface 4 feet wide as sound and smooth as the
normal concrete sidewalk.
F. The permit holder shall be responsible for the immediate removal of mud, dirt or
debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
or by the permit holder's construction procedures.
G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
to the city of such removal will be charged to the property owner or permit holder, including
legal fees, if any. Payment of such charges will be made to the city prior to certification of final
inspections, utility clearances, and issuance of a certificate of occupancy.
H. The building official or the city engineer is empowered to suspend any permit
until the permit holder installs the necessary cleaning equipment and/or erosion control facilities
to ensure that no dust or debris is deposited upon the streets and sidewalks of Salt Lake City
Corporation. Such device shall operate in a manner satisfactory to the building official or the city
engineer.
18.20.220: WAIVER OR DEFERRAL OF FEES:
Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
by this title on an annual or project by project basis as provided below:
A. Petitions shall be filed with the division of housing stability.
B. Waivers shall not be granted for projects that are receiving 75% or more of their
funding directly or indirectly from state or federal agencies, except for projects that upgrade or
construct owner occupied housing or multiple dwelling units used for very low income housing
as provided by the guidelines established by the United States department of housing and urban
development.
C. Waiver requests shall be heard informally before the director of the department of
community and neighborhoods after notice of the hearing has been posted for 7 days in the office
of the city recorder.
D. The director of the department of community and neighborhoods may recommend
granting the waiver or deferral if he/she finds that the project or projects, and the sponsoring
nonprofit organization furthers the city's established low income housing goals to provide
housing for persons or families under 80% of the city's median income, as defined by the United
States department of housing and urban development, and also meets all applicable guidelines
established for any such programs by the United States department of housing and urban
development. The director may recommend that waivers may be granted for remodeling or
construction of offices for nonprofit housing corporations if he/she finds that such remodeling or
construction will save the corporation money and that such savings will be applied to a specific
housing project.
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E. The director’s recommendation will be made to the city council and considered at
a public meeting. The property owner of any project(s) for which a waiver or deferral of fees is
granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
attorney, against the applicable property pertaining to the affordable housing that shall be
provided at the property, or (2) a binding agreement regarding the method in which the fee
savings shall be applied to a specific housing project.
F. Fee waivers or deferrals shall not be granted to any organization which owns,
operates, manages or is related by common ownership or management to any other such
organization which owns, operates or manages buildings for which existing notices of code
violations have not been corrected.
SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
shall be, and hereby is amended as follows:
CHAPTER 18.24
ENFORCEMENT AND PENALTIES
18.24.010: ENFORCEMENT RESPONSIBILITY AND AUTHORITY:
Unless otherwise provided by this title, the building official is authorized and responsible for
enforcement of this title. The fire marshal or designee shall be the principal enforcement
officer on post construction activity with respect to the fire codes. Whenever one or more
violations of this title exist, any enforcement official has the authority to obtain compliance
subject to the provisions of this code. Unless otherwise provided, any violation of this title
shall be subject to the enforcement processes and penalties as set forth in this chapter.
18.24.020: CRIMINAL PENALTIES:
Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
violate the provisions of this title, either by failing to do those acts required or by doing an act
prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
this title or the codes referred to herein. Each day that any violation of this title is permitted to
continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
state law.
18.24.030: CHOICE OF REMEDIES:
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A. In addition to any criminal prosecution, this title may be enforced through
administrative or civil actions. The city may pursue any legal remedy to ensure compliance
with this title including, but not limited to, injunctive relief. The city has sole discretion over
which remedy or combination of remedies it may choose to pursue.
B. If the city elects to pursue through administrative or civil actions one or more
violations of the provisions of this title, a civil penalty shall be assessed for each violation in
the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
continues after notice of the same shall give rise to a separate civil fine.
C. The possibility of an administrative or civil remedy does not interfere with the
city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
be assessed, but other remedies, such as orders to correct the violations or other declaratory or
injunctive relief, is available to the city.
D. The city may use such lawful means as are available to obtain compliance with
the provisions of this title and to collect the civil fines that accrue as a result of the violation of
the provisions of this title, including but not limited to a legal action to obtain one or more of the
following: an injunction, an order of mandamus, an order requiring the property owner or
occupant or permittee to abate the violations, an order permitting the city to enter the property
and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
the city.
E. In addition to the other remedies provided by this title, upon the finding of a
violation of this title the building official may evacuate or close a building to occupancy when
necessary to protect the public or neighboring property from a risk to health or safety. The
building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
been issued.
F. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the same property within 6 months of the initial correction and is due the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.24.040: NOTICE & ORDER; STOP WORK ORDER:
A. Notice and Order.
1. Upon a determination that there is a violation of this title an enforcement
official may provide a written notice and order to any responsible party. The written
notice and order shall state:
a. The name and address, if known, of the responsible party;
b. the date and location of each violation;
c. the code sections violated;
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d. that the violations must be corrected;
e. provide a specific date by which the enforcement official orders that
the violations be corrected by;
f. the amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if
the violation is not corrected by the date specified;
g. identification of the right to and procedure to appeal; and
h. the signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the
responsible party is the property owner of record, then mailing shall be
to the last known address appearing on the records of the Salt Lake
County Recorder. If the responsible party is any other person or entity
other than the owner of record, then mailing shall be to the last known
address of the responsible party on file with the city.
c. Notwithstanding the foregoing, personal service upon the responsible
party shall be sufficient to meet the notice and order mailing
requirements of Subsection 18.24.040.A.2.b.
3. Following the issuance of a notice and order, any responsible party shall
correct the violations specified in the notice and order. Upon correction of the violations
specified in the notice and order, the responsible party shall request an inspection of the
property.
4. Following a request for an inspection as set forth in Subsection
18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
determine whether the violations alleged in the notice and order have been corrected,
including, if applicable, all necessary permits have been issued and all final inspections
have been performed as required by applicable city codes.
5. If one or more violations are not corrected by the deadline specified in the
notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
Accumulation of civil fines for violations, but not the obligation for payment of civil
fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
6. The responsible party shall have the right to contest the notice and order at
an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
waiver of the right to appeal.
B. Stop Work Order. Upon a determination that there is a violation of this title an
enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
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after the correction period set forth in the notice and order, then a daily civil fine in the amount
set forth in the Salt Lake City consolidated fee schedule shall be imposed.
18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
A. Upon expiration of the correction period set forth in a notice and order or stop
work order, and where the violation(s) remain uncorrected, the city may record on the
noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
B. The recordation of a notice of noncompliance shall not be deemed an
encumbrance on the noncompliant property but shall merely place interested parties on notice of
any continuing violation of this title at the noncompliant property.
C. If a notice of noncompliance has been recorded pursuant to Section A and the
enforcement official determines that all violations have been corrected, the enforcement official
shall issue a notice of compliance by recording the notice of compliance on the property with the
Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
effect of canceling the recorded notice of noncompliance.
D. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
Regulations) shall be, and hereby is amended as follows:
CHAPTER 18.28
SITE DEVELOPMENT REGULATIONS
18.28.010: GENERAL PROVISIONS:
A. Authority: This chapter is enacted pursuant to title 10 of the Utah Code as
amended. This chapter is further enacted as an element of the Salt Lake City master plan.
B. Applicability: The provisions of this chapter shall apply to all site development
within Salt Lake City.
C. Purpose: This chapter is adopted: to promote public safety and the general public
welfare; to protect property against loss from erosion, earth movement, earthquake hazard, and
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flooding; to maintain a superior community environment; to provide for the continued orderly
growth of the city to ensure maximum preservation of the natural scenic character of major
portions of the city by establishing minimum standards and requirements relating to land
grading, excavations, and fills; and to establish procedures by which these standards and
requirements may be enforced. It is intended that this chapter be administered with the foregoing
purposes in mind and specifically to:
1. Ensure that the development of each site occurs in a manner harmonious
with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
and similar hazards;
2. Ensure that public lands and places, watercourses, streets, and all other
lands in the city are protected from erosion, earth movement, and drainage hazards;
3. Ensure that the planning, design, and construction of all development will
be done in a manner which provides maximum safety and human enjoyment, and, except
where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
possible;
4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
protection against erosion, earth movement, and other hazards and to aid in preservation
of the natural scenic qualities of the city; and
5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
appropriate earthquake hazard mitigation measures are incorporated into the planning and
execution of site development.
D. Identification of Fault Hazards: Pending the completion by the Utah geological
survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
existing information available from UGS or other publicly or privately prepared geological
reports to identify fault hazards.
18.28.020: DEFINITIONS:
A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
are defined as set forth below:
AS GRADED: The surface conditions existent upon completion of grading.
BEDROCK: In place, solid, rock.
BENCH: A relatively level step excavated into earth material on which fill is to be placed.
BORROW: Earth material acquired from an off site location for use in grading a site.
BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
alteration of a structure or building.
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CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
required have been performed by the person or under their supervision, and that the results of
such reports, inspections, and tests comply with the applicable requirements of this chapter.
CITY ENGINEER: The city engineer of Salt Lake City.
CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
field of civil works.
CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
mechanics, and the properties of materials to the evaluation, design, and construction of civil
works for the beneficial uses of mankind.
COMPACTION: The densification of fill by mechanical means.
CUBIC YARDS: The volume of material in an excavation and/or fill.
CUL-DE-SAC: A street closed at one end.
CUT: See definition of Excavation.
DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
house, garage, or other structure, to a road or street.
EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
university, with 5 or more full years of professional postgraduate experience in the application of
the geological sciences, of which 3 full years shall be in the field of engineering geology that has
required the application of geological data, techniques, and principles to engineering problems
dealing with groundwater, naturally occurring rock and soil, and geologic hazards for the
purpose of assuring that geological factors are recognized and adequately interpreted and
presented.
EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
and/or ice.
EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
shall include the conditions resulting therefrom.
EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
before excavation or filling.
FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
conditions resulting therefrom.
FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding 12
inches in diameter, metal, and organic material except that topsoil spread on cut and fill surfaces
may incorporate humus for desirable moisture retention properties.
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GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
and shall include the conditions resulting from any excavation or fill.
LICENSED ARCHITECT: An architect who is registered with the division of occupational and
professional licensing of the state of Utah.
NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
topography of the earth prior to changes made by the efforts of man.
ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
horizontal run of the slope into the vertical rise of the same slope, measured between contour
lines on the referenced contour map and converting the resulting figure into a percentage value.
This calculation is described by the following formula:
S = V/H
Where
"S" is the percent of slope;
"V" is the vertical distance; and
"H" is the horizontal distance.
PERMITTEE: Any person to which a site development permit has been issued.
PLANNING DIRECTOR: The planning director of Salt Lake City.
QUARRY: An open excavation for the extraction of resources.
REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
division of occupational and professional licensing of the state of Utah.
REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
vegetation to the ground, trunks, or stumps.
SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
performed as a single unified operation.
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SITE DEVELOPMENT: Grading and underground utility installation in preparation for an
approved, pending development or use for the subject site.
SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
professional engineer or land surveyor based upon a contour map of the specified scale and
contour interval, upon which the measured and calculated percent of slope (measured between
every contour interval on the map) is classified or grouped into percentage of slope data in 10%
slope groupings as follows:
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9% Uncolored
Slight 10 - 19.9% Yellow
Moderate 20 - 29.9% Orange
Severe 30% and greater Red
SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
mechanics and foundation engineering, familiar with the application of principles of soil
mechanics in the investigation and analysis of the engineering properties of earth materials.
SURCHARGE: The temporary placement of fill material on a site in order to compress or
compact the natural soil mass.
TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
professional engineers registered with the division of occupational and professional licensing of
the state of Utah.
VACANT: Land on which there are no structures or only structures which are secondary to the
use or maintenance of the land itself.
18.28.030: RESERVED
18.28.040: LAND DEVELOPMENT REQUIREMENTS:
A. General Application: No person or party shall cause any excavation or grading to
be done in excess of the limits set forth below without first having obtained a site development
permit.
1. Work Requiring Separate Approval/Permit: A site development permit
shall be required in all cases where development comes under any one or more of the
following provisions:
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a. Excavation, fill, or any combination thereof exceeding 1,000 cubic
yards;
b. Excavation, fill, or any combination thereof exceeding 5 feet in
vertical depth at its deepest point measured from the adjacent, undisturbed,
ground surface;
c. Excavation, fill, or any combination thereof exceeding an area of a
1/2 acre;
d. Excavation, fill, or any combination thereof of 10% or more of a
building site including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of a 1/2 acre for
purposes other than agricultural;
f. Engineered interior fills or surcharges.
g. Commercial quarries or mining activities operating in permitted
zoning districts as provided in Title 21A.
2. Work Not Requiring Separate Approval/Permit: A separate site
development permit shall not be required in the following cases:
a. Excavation below finished grade for basements and footings of
buildings or other structures authorized by a valid building permit. This shall not
exempt any fill made with material from such excavation, or exempt any
excavation having an unsupported height greater than 5 feet after the completion
of such structure.
b. Removal of vegetation as part of work authorized by a valid
building permit.
B. Permits Required: Except as exempted in Subsection A of this section, a separate
approval or permit shall be required for each site, and may cover both excavation and fill.
1. Application: To obtain a permit the applicant shall first file an application
therefor in writing on a form furnished by the building department for that purpose.
Every such application shall:
a. Identify and describe the work to be covered by the permit for
which application is made;
b. Describe the land on which the proposed work is to be done by
legal description, street address, or similar description that will readily identify
and definitely locate the proposed work and identify lots of any platted
subdivision included within the proposed building site;
c. Indicate the use or occupancy for which the proposed work is
intended;
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d. Be accompanied by plans, diagrams, computations, and
specifications and other data as required;
e. Be signed by property owner or permittee, or his authorized agent,
who may be required to submit evidence to indicate such authority;
f. Show the location of existing and proposed buildings or structures
on the applicant's property, and the location of buildings or structures on adjacent
properties which are within 15 feet of the applicant's property, or which may be
affected by the proposed site development activities;
g. Show the location of property lines and all existing and proposed
streets, roadways, driveways, easements, and rights of way on, contiguous, or
adjacent to the proposed development site;
h. Show the present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not greater than 2 feet
where slopes are predominately 5% or less, and 5 feet where slopes are
predominately steeper than 5%. The source of all topographical information shall
be indicated;
i. Show the location of all drainage to, from, and across the site, the
location of intermittent and permanent streams, springs, culverts, and other
drainage structures, and size and location of any precipitation catchment areas in,
above, or within 100 feet of the site;
j. Include detailed plans and location of all surface and subsurface
drainage devices, walls, dams, sediment basins, storage reservoirs, and other
protective devices to be constructed with, or as a part of, the proposed work,
together with a map showing drainage areas, and the complete drainage network
including outfall lines and natural drainageways which may be affected by the
proposed project. Include the estimated runoff of the areas served by the proposed
drainage system;
k. Present a plan showing temporary erosion control measures to
prevent erosion during the course of construction;
l. All grading in excess of 5,000 cubic yards shall require
professional engineering and shall be designated as "engineered grading". Any
application including engineered grading shall contain a grading plan prepared by
a registered professional engineer or licensed architect;
m. Include a revegetation plan including:
(1) A survey of existing trees, shrubs, and ground covers,
(2) A plan for the proposed revegetation of the site detailing
existing vegetation to be preserved, new vegetation to be planned and any
modification to existing vegetation, and
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(3) A plan for the preservation of existing vegetation during
construction activity;
n. Make a statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be required;
o. Identify the type of surcharging fill material to be used on the
building site;
p. Estimate the amount of time surcharging fill material will be in
place, and show consideration by a soils engineer of the potential for vertical and
lateral soil movements on properties adjacent to the surcharge;
q. Submit a copy of the recorded subdivision plat showing
developable area limitations, if applicable;
r. Describe the method to be employed in disposing of soil and other
material that is removed from the site, including the location of the disposal site;
s. Describe the method to be used in obtaining fill to be used on the
site and the site of acquisition of such fill;
t. Include an engineering geology report described in Section
18.28.040.C.2 if the proposed development lies within 500 feet of an identified
fault. Said report may be submitted for review to the Utah geological survey by
the building official.
u. Applications related to commercial quarriers shall contain an
acceptable plan for the eventual rehabilitation and use of the quarry site after the
resources have been removed. Such a plan, at a scale of not less than one inch
equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
with its surroundings and in general agreement with the city’s master plan. The
plan shall show the proposed treatment of any stream channel adjacent to the
resource deposits during extraction operations. Limits of excavation shall be
determined to protect any natural or improved channel and any nearby wooded
areas considered vital to the function of the rehabilitated area. Included the
estimated time period during which quarrying and land rehabilitation operations
will be conducted.
v. Such other information as may be required by the building official
or city engineer such as slope classification map and analysis, profiles or cross
sections, additional drainage calculations, soils data including a report from a
registered soils engineer or other qualified person.
C. Soil Engineering Report or Engineering Geology Required:
1. Soil Engineering Report: The soil engineering report required shall
include data regarding the nature, distribution, and strength of existing soils, conclusions
and recommendations for grading procedures, design criteria for corrective measures
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when necessary, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development.
2. Engineering Geology Report: The engineering geology report required
shall include an adequate description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposed
development, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development. This requirement
may be waived by written recommendation of the building official if it is deemed
unwarranted.
D. Issuance: The application, plans, specifications, and other data submitted by an
applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
other departments or agencies to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an application for a permit
and the plans, specifications, and other data filed therewith conform to the requirements of this
title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
issue a permit therefor to the property owner or his authorized agent. When the building official
issues the permit where plans are required, he shall endorse in writing or stamp the plans and
specifications "APPROVED". Such approved plans and specifications shall not be changed,
modified, or altered without authorization from the building official, and all work shall be done
in accordance with the approved plans. The building official may require that the site
development activities and project designs or specifications be modified if delays occur which
may create weather generated problems not considered at the time the permit was issued.
E. Fees: City fees associated with reviewing and processing site development
permits shall be those listed on the Salt Lake City consolidated fee schedule.
F. Grading and Erosion Control Standards and Regulations: All site development
work shall be accomplished in conformance to the following grading and erosion control design
standards and regulations:
1. Hours of Operation: All grading operations within 660 feet of residential
land uses shall be carried on between the hours of 7:00 A.M. and 5:30 P.M. The building
official may waive this requirement if it is shown that by restricting the hours of
operation it would unduly interfere with the development of the property and it is shown
that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control: All graded surfaces of any nature shall be
dampened or suitably contained to prevent dust or spillage on city streets or adjacent
properties. Equipment, materials, and roadways on the site shall be used or treated so as
to cause the least possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
undevelopable, (2) slope that has been altered without permits or prior approval to 30%
or greater, or (3) natural slopes of 30% or greater (as measured pursuant to a “ten-foot
averaging” method as defined in Section 20.50.020), shall be designated undevelopable
area. In no event shall streets traverse such slopes.
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4. Finished Cuts and Slopes: Limitations shall be applied to the extent of cut
and fill slopes to minimize the amount of excavated surface or ground area exposed to
potential erosion and settlement.
a. The exposed or finished cuts or slopes of any fill or excavation
shall be smoothly graded.
b. All cut and fill slopes shall be recontoured and revegetated by the
permittee in accordance with an approved plan.
c. Cut or fill slopes shall normally be limited to 15 feet in vertical
height. However, upon review and favorable recommendation of the city engineer
and public utilities director the building official may approve cut and fill slopes
exceeding 15 feet provided that such variations be allowed on a limited basis after
thorough review of each request and only when balanced by offsetting
improvements to the overall aesthetic, environmental, and engineering quality of
the development.
d. No excavation creating a cut face and no fill creating an exposed
surface shall have a slope ratio exceeding one and one- half horizontal to one
vertical (11/2:1).
e. Exceptions:
(1) No slopes shall cut steeper than the bedding plane, fracture,
fault, or joint in any formation where the cut slope will lie on the dip of
the strike line of the bedding plane, fracture, fault, or joint.
(2) No slopes shall be cut in an existing landslide, mudflow, or
other form of naturally unstable slope except as recommended by a
qualified geological engineer.
(3) Where the formation is exposed above the top of the cut
which will permit the entry of water along bedding planes, this area shall
be sealed with a compacted soil blanket having a minimum thickness of 2
feet. The soil for this blanket shall be relatively impervious and shall be
approved by the soils engineer or engineering geologist.
f. If the material of a slope is of such composition and character as to
be unstable under the anticipated maximum moisture content, the slope angle
shall be reduced to a stable value or retained by a method approved by the city
engineer and certified as to its stability by a soils engineer or geologist. Said
retaining method shall include design provisions which are:
(1) Conducive to revegetation for soil stability and visual
impact;
(2) Used for selected areas of the site and not as a general
application; and
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(3) Limited to tiers each of which is no higher than 6 feet,
separated by plantable terraces a minimum of 2 feet in width;
g. Any retaining system shall remain and be maintained on the lots
until plans for construction are approved and a building permit is issued. The
plans shall include provisions to integrate driveway access to the lot while
maintaining the structural integrity of the retaining system.
h. The building official may require the slope of a cut or fill to be
made more level if at any time it is found that the material being, or the fill, is
unusually subject to erosion, static or dynamic instability, or if other conditions
make such requirements necessary for stability.
i. Driveways leaving public rights of way shall not exceed a
maximum change in grade angle of 6% transition over an 11 foot run. The slope
should be transitioned beyond property line no more than an average 16% grade.
Parking structures may allow a maximum change in grade angle of 10% with a
minimum 10 foot run. Maximum sight distance should be encouraged with blind
entrances or other sight obstructions complying with the Sight Distance Triangle
Requirements as defined and illustrated in Chapter 21A.62.
5. Abatement of Hazardous Conditions:
a. If, at any stage of grading, the building official or city engineer
determines by inspection that the nature of the formation is such that further work
as authorized by an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the building official or city engineer shall
require, as condition to allowing the work to proceed, that reasonable safety
precautions be taken as are considered advisable to avoid likelihood of such peril.
Such precautions may include, but shall not be limited to, any of the following:
(1) Specification of a more level exposed slope;
(2) Construction of additional drainage facilities, berms, or
terraces;
(3) Compaction or cribbing;
(4) Installation of plants for erosion control; and/or
(5) Reports from a registered soils engineer and/or engineering
geologist whose recommendations may be made requirements for further
work.
Such requirements by the building official or city engineer shall constitute a
required change order in the work to be performed under permit. Said changes
may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from
work performed hereunder, such work may be stopped and the permittee required
to take such measures as may be necessary to protect adjoining property or the
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public safety. On large operations, or where unusual site conditions exist, the
building official or city engineer may specify the time at which grading may
proceed and the time of completion or may require that the operation be
conducted in specific stages so as to ensure completion of protective measures or
devices prior to the advent of seasonal rains.
6. Fill Material and Compaction:
a. Fill Material: All fill shall be earth, rock, or inert material free
from organic material and free of metal, except that topsoil spread on cut and fill
surfaces may incorporate humus for desirable moisture retention properties. Fill
not meeting the definition above shall be placed only in an approved public or
private landfill or other approved deposit site.
b. Backfillings: Any pipe trench or trenching, or excavation made in
any slope of any excavated or filled site, shall be backfilled and compacted to the
level of the surrounding grade.
c. Compaction of Fills: Unless otherwise directed by the building
official, all fills governed by this title, intended to support building, structures, or
where otherwise required to be compacted for stability, shall be compacted,
inspected, and tested in accordance with the following provisions:
(1) The natural ground surface shall be prepared by removal of
topsoil and vegetation, and, if necessary, shall be graded to a series of
terraces. If fill material unacceptable under subsection F6a of this section
is placed on the site, or the fill is not placed according to procedures of
this title, then it must be removed.
(2) The fill shall be spread and compacted in accordance with
the city engineer's approved standards.
(3) The moisture content of the fill material shall be controlled
at the time of spreading and compaction to obtain required maximum
density.
(4) A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a civil engineer or soils engineer licensed by the state
of Utah, or testing laboratory shall be submitted to the building official,
who shall rely on the expertise of the city engineer for review.
(5) The building official or city engineer may require
additional tests or information if, in his opinion, the conditions or
materials are such that additional information is necessary, and may
modify or delete any of the above listed requirements that, in his opinion,
are unnecessary to further the purpose of this title.
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7. Surcharging: Surcharges shall consist of earth material and shall be
applied in such a manner as to have no effect on soil stability on adjacent or neighboring
properties.
G. Erosion Control and Revegetation: All cut and fill surfaces created by grading
shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
are required to be landscaped according to a revegetation plan approved by the city. All plant
selections must be approved by the parks department and building official prior to approval.
H. Drainage:
1. Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or any portion of a fill. All drainage ways and
structures shall carry surface waters, without producing erosion, to the nearest practical
street, storm drain, or natural watercourse as approved by the city engineer. The city
engineer may also require drainage structures to be constructed, or installed as necessary
to prevent erosion damage or to prevent saturation of the fill or material behind cut
slopes.
2. An excess stormwater passage shall be provided for all stormwater storage
areas. Such passage shall have capacity to convey through the proposed development the
excess stormwater from the tributary watershed. The capacity of such excess stormwater
passages shall be constructed in such a manner as to transport the peak rate of runoff
from a 100-year return frequency storm assuming all storm sewers are inoperative, all
upstream areas are fully developed in accordance with the city's current land use plan,
and that antecedent rainfall has saturated the tributary watershed.
3. No buildings or structures shall be constructed within such passage,
however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
easements, and other open space uses shall be considered compatible uses. In the event
such passageway is reshaped or its capacity to transport excess stormwater is otherwise
restricted during or after construction, the building official or city engineer shall notify
the agency, party, or parties causing said restriction to remove the same and set a
reasonable time for its removal. If said parties refuse to, or are unable to, comply with
said order, the building official or city engineer shall cause said restrictions to be
removed at the expense of said parties. Where a proposed development contains existing
natural drainage, appropriate planning measures shall be undertaken or required to
preserve and maintain said natural drainage as part of the excess stormwater passage.
4. Notwithstanding any other provisions of this title, whenever, in the
judgment of the building official or city engineer, a condition occurs in a stormwater
storage area or passageway that creates a dangerous and imminent health and safety
hazard, the building official or city engineer shall order such action as shall be effective
immediately or in the time manner prescribed in the order itself.
I. Setbacks: The setback and other restrictions specified in this section are minimum
and may be increased by the building official or by the recommendation of a civil engineer, soils
engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
35
adjacent properties from deposition or erosion, or to provide access for slope maintenance and
drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
reduce the required setbacks when approved by the building official.
1. Setbacks from Property Lines: The toes and tops of cut and fill slopes
where no structures are located shall be set back from the outer boundaries of a "permit
area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
right areas, and easements, in accordance with the table and figure 2 of this section.
SETBACKS FROM PERMIT AREA BOUNDARY
a = Setback distance at toe
b = Setback at top
H = Height from toe to top of cut/fill slope
H a b1
Less than 5' 0 1'
5' to 30' H/2 H/5
Over 30' 15' 6'
Note:
1. Additional width may be required for interceptor drain.
FIGURE 2
2. Setback from Structures: Setback from cut or fill slopes and structures
shall be provided in accordance with figure 3 of this section.
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FIGURE 3
3. Setbacks from Faults: No structure shall be located over a fault. Determinations of
the appropriate setback distance from the fault shall be made based on recommendations
contained in the geological report required by subsection C of this section.
J. Site Development Inspections:
1. Special Inspections: All site development activities for which a permit or
approval is required shall be subject to inspection by the building official. Special
inspections of grading operations and special testing shall be performed to ensure
conformity with approved plans and specifications. The following special inspections and
testing are required:
a. Fills:
(1) The site is to be inspected prior to placement of fill
material.
(2) The fill material is to be inspected prior to placement on the
site.
(3) Final compaction of fill is to be tested.
(4) The final grade is to be inspected.
(5) Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
b. Cuts:
(1) The site is to be inspected prior to cutting or removing
material.
(2) The grade is to be inspected after cutting.
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(3) Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
2. Inspection Schedule and Enforcement: At the time the site development
permit or approval is issued, the building official shall establish the stage of development
at which required inspections shall be made. In order to obtain inspections, the permittee
shall notify the city of readiness at least 24 hours before said inspection is to be made.
Where it is found by inspection that conditions are not substantially as stated or shown on
the approved plans, the building official or his inspectors may stop further work until
approval is obtained for amended plans.
K. Completion of Work:
1. Final Reports: Upon completion of the rough grading work and again at
the final completion of the work, reports, drawings, and supplements thereto will be
required as follows:
a. An "as graded" grading plan, prepared by a civil engineer,
including original ground surface elevations, lot drainage patterns, and locations
and elevations of all surface and subsurface drainage facilities. The engineer shall
verify that the work was done in accordance with the final approved site
development plan.
b. A soil grading report, prepared by a soils engineer, including
location and elevations of field density tests, summaries of field and laboratory
tests and other substantiating data, and comments on any changes made during
grading and their effect on the recommendations made in the soil engineering
investigation report. The soils engineer shall verify the adequacy of the site for the
intended use.
c. A geologic grading report, prepared by an engineering geologist,
including a final description of the geology of the site including any new
information disclosed during the grading and the effect of the same on
recommendations incorporated in the approved site development plan. The
engineering geologist shall verify the adequacy of the site for the intended use as
affected by geologic factors. This requirement may be modified or waived in
writing by the building official if circumstances warrant.
2. Notification of Completion: The permittee, or his authorized agent, shall
notify the building official when the grading operation is ready for final inspection. Final
approval shall not be given until all work, including installation of all drainage facilities
and their protective devices and all erosion control measures including revegetation, have
been completed in accordance with the final approved site development plan and the
required reports have been submitted.
18.28.050: RESERVED
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18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
DENIAL, AND ENFORCEMENT ACTIONS:
A. Interpretation; Conflicts:
1. Minimum Requirements: In their interpretation and application, provisions
of this chapter shall be held to be minimum requirements, except where expressly stated
to be maximum requirements. No intent is made to impair, or interfere with, any private
restrictions placed upon any property by covenant or deed; provided, however, that where
this chapter imposes higher standards or greater restrictions the provisions of this chapter
shall govern.
2. Application of Most Restrictive Standard: Whenever any provision of this
chapter or any other provision of law, whether set forth in this chapter or in any other
law, ordinance, or resolution of any kind, imposes overlapping or contradictory
regulations over the development of land, the most restrictive standards or requirements
shall govern.
B. Retention of Plans: Plans, specifications, and reports for all site development
submitted to Salt Lake City for approval shall be retained by Salt Lake City.
C. Expiration, Renewals, and Extensions of Permit: Every site development permit
or approval shall expire by limitation and become null and void if the work authorized by such
permit or approvals has not been commenced within 180 days, or if the work is suspended or
abandoned for a period of 180 days at any time after the work is commenced. Before such work
can recommence, the permit shall first be renewed by the building official and the renewal fee
shall be 1/2 the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans or scope of such work, otherwise a full fee may be
required as determined by the building official. Any modifications to the original approved work
that is related to a development for which the Salt Lake City planning commission granted
approval, may require subsequent review and decision by the planning commission as
determined by the planning director.
D. Appeals:
1. Filing: Any applicant aggrieved by a determination of any administrative official
in relation to this chapter may appeal such determination to the board of appeals and examiners
pursuant to Chapter 18.12.
2. Effect of Administrative Appeal: In the event of an appeal pursuant to the
provisions above, the effect of such filing shall act to stay any and all further action and work
pending the determination of the matter on appeal.
E. General Grounds for Denial: Factors, in addition to deviation from provisions of
this chapter, which may be grounds for denial of a site development permit or approval shall
include, but not be limited to:
1. Possible or potential saturation of fill and/or unsupported cuts by water
(both natural and/or domestic);
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2. Runoff surface waters that produce unreasonable erosion and/or silting of
drainageways;
3. Subsurface conditions (such as rock strata and faults, soil or rock
materials, types of formations, etc.) which when disturbed by the proposed site
development activity, may create earth movement and/or produce slopes that cannot be
landscaped;
4. Result in excessive and unnecessary scarring of the natural landscape
through grading or removal of vegetation.
F. Prohibited Activities:
1. Removal of Topsoil: It shall be unlawful to remove topsoil for purposes of
resale when unrelated to a bona fide purpose of site development contemplated under this
chapter. The provisions of this chapter shall not be construed as permitting the removal of
topsoil solely for resale.
2. Nuisance: It shall be unlawful to create or maintain a condition which
creates a public or private nuisance. After notice by the city, owners shall be strictly
responsible to take any necessary action to correct or abate such nuisance. Further, this
chapter shall not be construed to authorize any person or owner to create or maintain a
private or public nuisance upon real property and compliance with the provisions of this
chapter shall not be a defense in any action to abate such nuisance.
G. Permit or Approval Revocation: In the event the building official or city engineer
revokes a site development permit any aggrieved party may appeal such decision pursuant to
Chapter 18.12.
H. Property Owner Responsibility: Property owners are responsible to maintain their
property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
chapter and other applicable ordinances. Failure of city officials to observe or to recognize
hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
not relieve the permittee, or property owner, from responsibility for the condition or damages
resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
responsible or liable for conditions and damages resulting therefrom.
I. Obstruction Prohibited: It shall be unlawful for any person to willfully or
carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
slump, slough, or erode off private property onto the public right of way.
J. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
injure any public right of way by causing or permitting flow or seepage of water, or by willfully
or carelessly causing or permitting water under his/her control, possession, or supervision to
escape in any manner so as to injure any street or public improvement.
K. Violation And Penalties: It shall be unlawful for any person to construct, enlarge,
alter, repair, or maintain any grading, excavation or fill or cause the same to be done, contrary to
or in violation of any provision of this chapter.
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SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.32
BUILDING REGULATIONS
18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
The edition of the uniform building code, as adopted by the Utah uniform building code
commission as the construction standard to be adhered to by subdivisions of the state (section
58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
with the following chapters of the appendix to the uniform building code:
Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
Chapter 11 Division I - Site Accessibility;
Chapter 11 Division II - Accessibility For Existing Buildings;
Chapter 15 Reroofing;
Chapter 16 Division I - Snow Load Design;
Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
Chapter 31 Division II - Membrane Structure;
Chapter 33 Excavation And Grading.
ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
successor document.
Hereafter, all references in this code to the uniform building code shall mean the said edition
adopted by the Utah uniform building code commission. One copy of the uniform building code
shall be filed for use and examination by the public in the office of the city recorder.
18.32.035: FEES:
A. Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B. Plan review fees shall be sixty five percent (65%) of the building permit fees.
C. Fees to expedite building plan review as governed by section 18.20.050 of this
title shall be two (2) times the standard building plan review fee.
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D. Penalties for not obtaining permanent certificate of occupancy will be three
hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
occupancy, which has no additional cost associated with it; due before the first of the month and
only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
months will not be refunded.
E. Fees for renewing expired plan review after one hundred eighty (180) days as
governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
schedule.
F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
G. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
BUILDING CONVERSION:
Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
chapter 3 division V to create a group R division 5 occupancy classification and requirements
applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
undergo conversion, which shall read as follows:
Chapter 3 Division V
Requirements For Group R Division 5 Occupancies
Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
nonconforming group R divisions 1 and 3 structures undergoing conversion.
Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
separate ownership of dwelling units combined with collective ownership of common areas
through association, etc., each nonconforming group R division 1 or division 3 structure being
converted into a condominium project or other type of ownership arrangement involving separate
ownership of individual units combined with joint or collective ownership of common areas shall
constitute a change in classification of occupancy to that of a group R division 5 and shall
comply with basic requirements of this code and the specific requirements listed below. All work
on such structures in the form of additions, alterations, or repairs shall conform to applicable
standards as required by section 3403 of this code. Where said provisions require conformity to
requirements governing new buildings, the applicable requirements of group R division 1 or 3
new construction shall apply.
Special Provisions And Minimum Standards.
Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
a property report prepared by a licensed engineer or architect which discloses and describes:
42
(1) The age of the building or buildings,
(2) The general condition, useful life, and capacity of the building's structural elements
including the roof, foundations, mechanical system, electrical system, plumbing
system, boiler, and other structural elements;
(3) All known conditions constituting deficiencies requiring repair to meet existing
building codes; and
(4) All known conditions which may require repair or replacement within the next
succeeding five year period.
(5) The existing conditions meet the standards of the Salt Lake City existing residential
housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
the city code, shall note all deficiencies; appeals of noted deficiencies may be
addressed to the housing advisory and appeals board.
Said report shall certify the structure currently conforms to applicable codes or the owner shall
present plans to bring the structures into conformity with applicable building codes prior to
issuance of certificates of occupancy.
Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
electrical service which provides:
(1) A minimum service of 60 amps.
(2) Receptacle outlets are required to meet standards of the national electrical code,
section 210-21(b). Each habitable room shall have no less than two such receptacles.
(3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
on a separate circuit.
(4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
each must be located on a separate circuit. If such appliances or optional capacity are
not provided, the limitation must be disclosed to buyers and in the property report.
(5) All bathrooms are to be equipped with GFIC outlet.
(6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
(7) Installation of a smoke detector conforming to manufacturer's recommendations shall
be installed in each dwelling unit as a local detection unit. If the building has a
common exit hall or corridor then a general automatic detection system shall be
installed with the capability of sending a signal to a remote station.
(8) Installation of at least one wall switch controlled lighting outlet in every habitable
room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
All electrical work and repair must be completed under permit and comply with applicable codes
and ordinances.
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Sec. 348. Plumbing And Water Systems.
(a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
licensed general contractor shall calculate and determine the capacity of the current
plumbing system, including the existing and potential load in fixture units (as
determined by the uniform plumbing code) as part of the property report required
above. All new installations or repairs must be completed under permit and shall
conform to applicable plumbing codes. The entire system shall be brought up to
applicable standards of this code when required by section 3403. The impact of new
installations upon the existing system shall be calculated and stated in the property
report.
(b) Water Supply. Water piping shall be so arranged that the water supply can be turned
on or off to any individual fixture; provided, however, that supply piping to a single
unit and building accessory thereto may be controlled by one valve.
Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
(1) Equip each unit with its own heating system, except where a central water or steam
system is present.
(2) Provide each unit with its own means of controlling temperature when the building
utilizes a central heating plant. All mechanical work and repair shall be completed
under permit and comply with applicable codes.
Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
standards are intended to be fully complied with prior to the building official's approval of
permits, record of survey maps, plans or certificates. However, the building official may waive
literal compliance with said standards for minor deviations and non-dangerous conditions, if the
official determines that strict compliance with the requirements of this chapter would be
impractical due to the unique condition of the property, or result in an unnecessary and extreme
hardship for the owner of the property. The building official may in such cases impose additional
reasonable and equivalent conditions upon the project.
Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
the city ordinance.
18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
Section 109.1 of the uniform building code is amended to read as follows:
Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
occupancy shall be used or occupied, and no change in the existing occupancy classification of a
building or structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein.
18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
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Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
successor, is amended by adding definitions of condominiums and conversions which shall read
as follows:
Condominium, Condominium Project, Condominium Unit. For purposes of this code,
"condominium," "condominium project," and "condominium units" or "units" means property or
portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
Annotated, 1953, as amended.
Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
parcels of land, together with existing attached structures, from single ownership of said parcel
such as an apartment house or multi-family dwelling into a condominium project or other
ownership arrangements involving separate ownership of individual units combined with joint or
collective ownership of common areas, facilities, or elements.
18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
The uniform building code is amended by adding a new appendix chapter 35, which reads as
follows:
Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
mean those lands lying within the corporate limits of Salt Lake City as defined in section
18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
Lake City code. A copy of said map and amendments is on file for public examination in the
offices of the city recorder and city engineer.
Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
substantial improvements to, or construction of building or structures within the floodplain
hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
relating to floodplain hazard regulations.
18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
GRADING:
Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
reference, so appendix chapter 33 shall read as follows:
Appendix Chapter 33
Excavation And Grading
Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
within the text of chapter 18.28 of the Salt Lake City code relating to site development
regulations, drawing particular reference to provisions within chapters 4 and 5 of said
development regulations.
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18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
Qualified multi-family apartment projects may apply to, and receive from, the building official
an abatement of the normal building permit fees. In order for the building official to approve the
discount, the applicant must submit necessary documentation in order for the building official to
certify that the apartment project qualifies under the following criteria:
A. The project is owned and/or operated as a bona fide organization for providing
housing for senior citizens;
B. The project operators and/or property owners stipulate that all units shall be
rented by persons over age sixty two (62) years of age;
C. Operators and/or property owners agree to verify ages of tenants as part of their
annual application for an apartment house license;
D. Project operators and property owners execute an agreement, binding upon
successors in interest and secured by the real property, to reimburse the city the amount of the
abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
license application is submitted to the city; and
E. The amount of the fees abated, plus interest at the then established rate applicable
to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
application to convert the project to condominium or other ownership arrangements involving
sale of separate units, if submitted within thirty (30) years of such abatement.
18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
Section 103 of the uniform building code is amended to read as follows:
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
structure in the city, or cause the same to be done contrary to or in violation of any of the
provisions of this code.
Any person, firm, or corporation violating any of the provisions of this code shall be deemed
guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
code is committed, continued, or permitted and upon conviction of any such violation such
persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
Lake City code.
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SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.36
ELECTRICAL REGULATIONS
18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
The edition of the national electrical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
copy of which code shall be filed for use and examination by the public in the office of the city
recorder. Hereafter, all references in this code to the national electrical code shall mean the
edition of the national electrical code adopted by the Utah uniform building code commission.
18.36.100: PERMIT FEES; RESIDENTIAL WORK:
The following fees for a permit for the installation of electrical materials in residences, including
multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
18.36.110: FEE FOR TEMPORARY METERING:
The fee for permit for temporary metering and service facilities shall be as shown on the Salt
Lake City consolidated fee schedule.
18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
The fees to be paid to the city treasurer for electrical permits covering work in industrial or
commercial properties shall be computed as follows:
A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
consolidated fee schedule.
B. New Service Or Change Of Service: For new service, change of service,
alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
fee shall be as shown on the Salt Lake City consolidated fee schedule.
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C. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
D. Transformers: The installation of transformers shall be subject to inspection fee
when such transformers are an integral part of the consumer's distribution system. Such fee shall
be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
consolidated fee schedule.
E. Motor Generator: The fee for installation of a motor generator for emergency or
standby shall be as shown on the Salt Lake City consolidated fee schedule.
F. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
started. When a fee cannot be computed on the standard schedules, it shall be computed based on
the alternate schedule shown on the Salt Lake City consolidated fee schedule.
18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
DOLLARS:
When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
All new construction shall require a power to panel permit in accordance with section 18.36.180
of this chapter, or its successor section, to be issued in conjunction with the required electrical
permit.
18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
A. Temporary Basis: A power to panel permit shall authorize power for construction
purposes on a temporary basis only; permanent power must be authorized separately.
B. Permit: At the time power to panel is required to complete construction, the owner
or contractor shall apply for and obtain a separate power to panel construction permit. Said
permit shall be valid for a sixty (60) day period.
C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
approval of building and housing services and upon payment of one-half (1/2) of the original
permit fee for each extension.
D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
or until occupancy ceases.
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E. Expiration: Upon expiration of a power to panel construction permit, all power to
the electrical panel shall be discontinued.
F. Fees:
60 day, no issue fee $20.00
30 day extension 7.00
18.36.210: VIOLATION; PENALTY:
Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
shall be deemed to be committed on each day an offense occurs or continues.
SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
hereby amended as follows:
CHAPTER 18.48
DANGEROUS BUILDINGS
ARTICLE I. REPAIR AND VACATION OF DANGEROUS BUILDINGS
18.48.010: TITLE:
This chapter shall implement the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition.
18.48.020: PURPOSE AND SCOPE:
It is the purpose of this chapter to provide just, equitable, and practicable methods to require the
repair (including temporary boarding) and vacation of buildings or structures that endanger the
life, limb, health, morals, property, safety, or welfare of the general public or their occupants.
18.48.030: DEFINITIONS:
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BUILDING CODE: The International Building Code, or its successor, promulgated by the
International Code Council, as adopted by the state.
BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
are secured by a secondary means against entry. Examples of securing a building by a secondary
means includes, but is not limited to, boarding and fencing.
DANGEROUS BUILDINGS: Any building or structure that has any or all of the conditions or
defects hereinafter described may be deemed to be a dangerous building, provided that such
conditions or defects exist to the extent that the life, health, property, or safety of the public or its
occupants are endangered.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
width or size or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than 1.5 times the working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or
location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
the exterior thereof is not of sufficient strength or stability, or is not so anchored,
attached, or fastened in place so as to be capable of resisting a wind pressure of one half
of that specified in the Building Code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the Building Code for such
buildings.
G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
to such an extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
of any portion of the ground necessary for the purpose of supporting such building; (iv)
the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
to partially or completely collapse.
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I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
such an extent that a plumb line passing through the center of gravity does not fall inside
the middle one third of the base.
K. Whenever the building or structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
children or as to enable persons to resort thereto for the purpose of committing unlawful
acts.
M. Whenever any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this jurisdiction, as specified in the
Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
relating to the condition, location, or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member or portion less
than 50%, or in any supporting part, member or portion less than 66% of the (i) strength,
(ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
the health officer to be unsanitary, unfit for human habitation, or in such a condition that
is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is
abandoned for a period in excess of six months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
in Chapter 18.50 of the City Code.
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VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
and doors, secured against entry, where windows are fully glazed and the doors are secured by
means of a lock.
18.48.040: AUTHORITY TO ENFORCE:
A. Authority to Enforce: The building official or designee is hereby authorized to
enforce the provisions of this chapter.
B. Authority to Inspect: The building official or their designee is hereby authorized
to make inspections and take such actions as may be required to enforce the provisions of this
chapter.
C. Buildings or Structures Subject to Inspection: Any building or structure, where
there is reasonable cause to believe a condition exists that renders the building or structure
endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
structure’s occupants, is subject to inspection by the building official or their designee.
18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
When the building official has inspected or caused to be inspected any building and has found
and determined that such building is a dangerous building, the building official shall follow the
enforcement procedures set forth in the 1997 Uniform Code for the Abatement of Dangerous
Buildings.
18.48.060: RESERVED
18.48.070: RESERVED
18.48.080: APPEALS:
Appeals of a notice and order issued pursuant to this chapter shall be taken in accordance with
Chapter 18.12.
18.48.090: CITY'S ABATEMENT OF PROPERTY:
If the property owner does not comply with the notice and order issued pursuant to this chapter
within the time specified in the notice and order, the building official or designees may cause the
building to be repaired, vacated, or temporarily boarded to the extent necessary to correct the
conditions which render the building dangerous as set forth in the notice and order. Any such
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repair, vacation, or boarding shall be completed and the cost thereof paid and recovered as set
forth in this chapter.
18.48.100: RECOVERY OF COSTS:
A. Permitted Recovery of Costs: If the building official or designee causes the repair,
vacation, or boarding of a building pursuant to a notice issued under this chapter, and after the
property owner received at least 10 days’ notice in which to complete the repair, vacation or
boarding and failed to do so, the division may collect the cost of that abatement, by filing a
property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the repair, vacation, or boarding
work, the building official or designee shall prepare an itemized statement of costs and mail it to
the property owner by certified mail or reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to cover
the city's administrative expenses in contracting for the repair, boarding, or other abatement costs
shall be included in the statement of costs.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
service that is capable of confirming delivery addressed to the last known address of the property
owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer, only as to the issue of whether the costs were actually incurred,
pursuant to Section 18.12.050.
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F. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
G. Failure to Pay after Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer within 30
days of the date of the hearing, the inspector may certify the past due costs and expense to the
Salt Lake County Treasurer.
H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
I. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the treasurer.
18.48.110: APPLICABILITY OF BUILDING CODE:
All buildings or structures which are required to be repaired under the provisions of this chapter
shall be subject to the provisions of the applicable construction codes adopted pursuant to
Section 18.04.040.
18.48.120: PUBLIC NUISANCES:
A. Declaration and Abatement of Public Nuisances: All buildings or structures or
portions thereof which are determined after inspection by the building official to be dangerous
are hereby declared to be public nuisances and shall be abated by repair, vacation, or boarding in
accordance with the procedures specified herein.
B. Boarded or Vacant Building as Public Nuisance: Any structure that is vacant or
which has been boarded may be declared a public nuisance upon a determination that the
structure is detrimental to the safety or public welfare of the residents and property values of this
city.
ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
18.48.200: SCOPE AND APPLICABILITY:
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The provisions of this article apply to any person or entity who is ordered to board a building
under Article I and any person or entity who voluntarily boards a building.
18.48.205: REGISTRATION:
A. Registration Required: Registration is required to board a building. In the case
where the city causes the boarding work to be done pursuant to Section 18.48.245, the city will
register the property on which the building is located and will bill the record owner the yearly
registration fee pursuant to Section 18.48.215. In the case where the building official causes
temporary boarding work to be done pursuant to Section 18.48.090 and the building is boarded
for more than 45 days, the provisions of this Article II shall apply.
B. Registration Process: Registration of a property on which a boarded structure
shall be located must be done on a form provided by the building official or designee. The form
shall specify the following:
1. The address of the structure to be boarded or temporarily secured;
2. The type of building;
3. For residential structures, the number of dwelling units;
4. For nonresidential buildings, the number of square feet of all building
faces at ground level;
5. The name, address, and telephone number of a person authorized to act as
an agent for the owner for performing the owner's obligations under this article, who lives
within 40 miles of Salt Lake City; and
6. Whether the property has the required external water source for
landscaping, if landscaping is required.
18.48.210: NOTICE OF REGISTRATION:
Upon registration the city may record with the Salt Lake County Recorder’s Office a notice of
registration. The recordation of a notice of registration shall not be deemed an encumbrance on
the property but shall merely place interested parties on notice that the cost of City abatement
activities conducted pursuant to Section 18.48.245 may be outstanding and recoverable as a lien
on the property in accordance with Section 18.48.100. Once the building official determines that
the property is no longer subject to registration then a notice of deregistration shall be recorded.
Recordation of the notice of deregistration shall have the effect of canceling the recorded notice
of registration.
18.48.215: YEARLY REGISTRATION FEES:
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A. Annual Fee: Upon registration and on each yearly anniversary of the date the
property was registered pursuant to this article, a property owner desiring to maintain a boarded
building shall pay the annual boarding registration fee shown on the Salt Lake City consolidated
fee schedule. Properties that are defined as a “contributing structure” or “landmark site” pursuant
to Section 21A.34.020 shall be subject to a higher registration fee.
B. Late Penalty and Interest: If annual registration fees are not timely paid, an
accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.
C. Failure to Register: Boarding a building before registering pursuant to this article
shall result in a fine of up to 25% of the boarding registration fee specified in the Salt Lake City
consolidated fee schedule.
D. Collection of Fees: If the property owner fails to pay the boarding registration
fees, the city may take legal action to collect any amounts owed.
18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
sign to be mounted on the exterior of the building. The sign shall state that the building is closed
to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
shall also provide phone numbers to call if people are seen on the property or if doors or
windows are unsecured.
18.48.225: METHOD OF SECURING BUILDINGS:
All buildings shall be boarded in the following manner:
A. Securing Opening: All openings in the structure on the first floor, other openings
easily accessible from the ground, and openings with broken glass, shall be secured either by
erecting a single 1/2 inch thick layer of plywood sheathing or similar material, not to include
chipboard/OSB, covering over all exterior openings, overlapping the opening on every edge by 3
inches, affixed along the edges by nails or screws spaced every 6 inches.
B. Alternatives to Securing Openings: Alternately, the openings may be secured by
conventional wood frame construction. The frames shall use wood studs of a size not less than 2
inches by 4 inches (nominal dimension) placed not more than 24 inches apart on center. The
frame stud shall have the 4 inch sides or the wide dimension perpendicular to the face of the
wall. Each side of the frame shall be covered with plywood sheathing or similar material of at
least 1/2 inch thickness or equivalent lumber nailed over the opening by using nails or screws
spaced every 6 inches on the outside edges and every 12 inches along intermediate stud supports;
and
C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
described in Subsection A or B of this section or successor sections.
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18.48.230: LANDSCAPE MAINTENANCE:
Existing landscaping and lawn on the property shall be maintained in the manner otherwise
required by Chapters 9.16 and 21A.48.
18.48.235: EXTERIOR MAINTENANCE:
A. Exterior of Building: The exterior of a boarded building shall be maintained as
required by relevant requirements set forth in Section 18.50.140. In particular, exterior walls and
surfaces shall be properly maintained and severely weathered, peeling, or unpainted wood and
damaged siding and roofing shall be replaced or repaired with similar materials and colors.
B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
interior of a boarded building shall not be salvaged except upon the issuance of a permit as
provided in Section 18.64.070.
18.48.240: SNOW AND ICE REMOVAL:
Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
the manner indicated in Section 14.20.070.
18.48.245: CITY MAINTENANCE OF PROPERTY:
A. Notice: If the building official or the building official's designee determines that a
boarded building and/or property is not being maintained, the building official or the building
official's designee shall issue a notice and order pursuant to Section 18.24.040 requiring
compliance with the building maintenance standards as required in city code.
B. Failure to Comply with Notice: If the building official or designee determines that
the property owner has failed to comply with the notice and order, the city may cause the work to
be done by a contractor hired by the city and the city may recover its abatement costs in
accordance with the process set forth in Section 18.48.100.
18.48.250: CITY MAINTENANCE OF LANDSCAPING:
If the building official or the building official's designee determines that the landscaping on the
property surrounding a boarded building is not being maintained as required by city code, the
building official or the building official's designee shall follow the notice of violation and
corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
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18.48.255: VIOLATIONS:
A. It is unlawful for the building owner to fail to maintain the boarded building or
ensure the building remains vacated after the property has been abated by either the city or the
building owner. Each day a violation occurs shall be a separate offense.
B. Violations of the provisions of this chapter are punishable in accordance with
Chapter 18.24.
18.48.260: BUILDING INSPECTIONS REQUIRED:
Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
reoccupy a building that has been boarded, the building is to be inspected by the building official
or designee and a permit must be issued by building services or its successor prior to the building
owner, manager, or tenant initiating any of the above actions. Any person conducting any work
on a building that has been boarded or closed to occupancy must have a valid building permit at
all times.
SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
Housing) is hereby amended as follows:
CHAPTER 18.50
EXISTING RESIDENTIAL HOUSING
18.50.010: TITLE:
This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
ORDINANCE.
18.50.020: PURPOSE AND SCOPE:
A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
convenience and aesthetics of Salt Lake City and its present and future inhabitants and
businesses, to protect the tax base, and to protect property values within the city, as provided by
Section 10-9a-102 of the Utah Code, or its successor section, and other applicable state statutes.
This purpose shall be accomplished by regulating the maintenance, repair and remodeling of
residential buildings specified in this chapter existing as of the date of enactment hereof by:
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1. Establishing minimum housing standards for all buildings or portions
thereof used, or designed or intended to be used, for human habitation;
2. Establishing minimum standards for safety from fire and other hazards;
3. Promoting maintenance and improvement of structures by applying
standards of this chapter to renovations. This chapter allows distinctions in the
application of standards based on the year a structure was built, as long as a reasonable
level of safety is achieved;
4. Avoiding the closure or abandonment of housing and the displacement of
occupants where such can be done without sacrificing the public health, safety and
welfare;
5. Providing for the administration, enforcement and penalties for this
chapter.
B. Scope:
1. Application to Existing Buildings: This chapter encompasses fire safety
and structural integrity of existing residential buildings. Within the structures, the scope
includes equipment and facilities for light, ventilation, heating, sanitation, protection
from the elements, space requirements, and for safe and sanitary maintenance.
2. Application to Remodeling of Existing Residential Buildings: This chapter
shall apply to remodeling or renovation of all residential buildings existing as of the date
of enactment hereof as follows:
a. This chapter applies regardless of tenancy, regardless of the
valuation of the renovations, and regardless of the date of such remodeling or
renovation, unless otherwise noted in this chapter.
b. The requirements of this chapter are minimums. During a
renovation or remodeling project, whenever conditions exist which allow such
work to comply with the codes adopted in Section 18.04.040, such codes shall
apply.
c. When a construction standard is omitted from this chapter, the
applicable standard shall be the state construction codes adopted and in effect at
the time the building was constructed or at the time the relevant electrical,
mechanical, or plumbing element was installed, whichever is later.
d. When the purpose of the renovation is to create new dwelling
units, the codes adopted in Section 18.04.040 shall apply.
3. Application to New Construction: From the date of adoption hereof, newly
constructed buildings must comply with the codes adopted pursuant to Section 18.04.040.
All additions to an existing building envelope shall comply with the codes adopted
pursuant to Section 18.04.040.
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4. Change of Use: Any building undergoing a change which intensifies the
use shall comply with the provisions of the codes adopted pursuant to Section 18.04.040.
5. Permits Required: Except as provided in this subsection, no building or
structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
removed, converted, or demolished unless a separate permit for each building or structure
has first been obtained from the building official. Except where required by state law,
permits are not required for those items identified in Section 105.2 of the International
Building Code and International Residential Code, or as otherwise directed by the
building official.
C. Violations: It is unlawful for any person to:
1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
demolish, equip, use, occupy or maintain any building or structure or cause or permit the
same to be done in violation of this chapter;
2. Fail to obey a notice and order issued pursuant to this chapter;
3. Occupy, or rent for occupancy, a building that has been closed to
occupancy; or
4. Fail to obey an interpretation, decision or requirement of the board of
appeals and examiners.
18.50.030: DEFINITIONS:
A. Construction of Terms: For the purpose of this chapter, certain terms, phrases,
words, and their derivations shall be construed as specified in this section. Words used in the
singular include the plural, and words used in the plural include the singular.
B. Whole Includes Part: Whenever the words "apartment house", "building",
"dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
this chapter such words shall be construed as if followed by the words "or any portion thereof".
C. Referenced Documents: References to codes, ordinances, chapters, sections, or
subsections shall include any successor to such code, ordinance, chapter, section, or subsection
that has been adopted by the city.
D. Defined Terms:
AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
who acts for or on behalf of others.
BASEMENT: A floor level, any part of which is more than 4 feet below grade for more than
50% of the total perimeter or more than 8 feet below grade at any point.
BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
tub or shower. It may also include a bidet.
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BEDROOM: Any space designed or used for sleeping.
BOARDING HOUSE: The same as defined in Title 21A.
BUILDING: Any structure which is used, designed or intended to be used for human habitation.
BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
A building which has been closed to occupancy.
BUILDING INSPECTOR: A person designated by the building official to make inspections of
buildings and properties covered by this chapter.
CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
lowest point of the ceiling framing members. Where obstructions other than lighting fixtures
exist below the ceiling, the height shall be measured from the obstruction to the finished floor.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
occupancy of a building.
COMMON ROOM: A room available in congregate housing for the shared use of occupants of 2
or more housing units. This does not include common corridors and exit passages, but does
include kitchens and game rooms.
CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
57-8-3 of the Utah Code, as amended, or its successor.
CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
sanitation, as required by this chapter, and may include facilities for eating and cooking, for
occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
nonportable cooktop and oven, and a sink.
CORRIDOR: A hallway that serves more than one dwelling unit.
EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
bath and/or kitchen in the unit.
EXISTING: In existence prior to adoption hereof.
EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
intervening aisles, doorways, gates, corridors, exterior exit ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, and exit access ramps as these terms are defined
in the International Building Code.
FAMILY: The same as defined in Title 21A.
FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
spread of fire.
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FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
walls or other partitions.
GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
including safety glass, but not including glass block.
HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
HALL: A space used for circulating between the rooms of a building within an individual
dwelling unit.
HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
failure of a structural, electrical, mechanical or plumbing component system or systems is likely
to occur reasonably soon but which has not yet occurred or which is not serious enough to be
considered an "imminent danger". "Hazardous conditions" consist of any of the following:
1. All of the conditions listed under the definition of "imminent danger" if
those conditions can be repaired safely while all or the affected part of the building or
unit remains occupied; or
2. "Imminent danger" conditions which have been partially secured pursuant
to Section 18.24.030.E;
3. Improper, missing, misused or malfunctioning electrical service or
disconnect devices;
4. Cracked, displaced or missing foundations resulting in settlement and
structural damage;
5. Defective or deteriorated flooring or floor supports;
6. Flooring or floor supports of insufficient size to carry imposed loads with
safety;
7. Members of walls, partitions or other vertical supports that crack, split,
lean, list or buckle due to defective material or deterioration where failure is likely to
occur reasonably soon but is not likely to occur immediately;
8. Members of walls, partitions or other vertical supports that are of
insufficient size to carry imposed loads with safety;
9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
or vertical members which sag, split or buckle due to defective material or deterioration;
10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
congregate housing unit;
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11. Lack of or inoperable kitchen sink in a dwelling unit or congregate
housing unit;
12. Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety such that failure is likely to occur reasonably soon but is not
likely to occur immediately;
13. Except as defined under "imminent danger" below, conditions that reduce
the width, height or area of a required emergency exitway or required escape window;
14. All buildings or portions thereof which are not provided with the operable
fire extinguishing systems or equipment required by city codes;
15. Buildings or portions thereof occupied for living, sleeping, cooking or
dining purposes which were not designed or intended to be used for such occupancies;
16. Lack of a kitchen area equipped with a working stove, oven, sink and
refrigerator unless specified otherwise by this code.
HISTORIC BUILDING: Any building or structure which has been designated for preservation
by Salt Lake City pursuant to Title 21A or its successor, or is a contributory structure located in
an historic district designated pursuant to Title 21A.
HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
lodging on a daily or weekly basis.
IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
structural, electrical, mechanical or plumbing systems have failed so that they may cause
immediate death or serious injury to the building's occupants or the public. Conditions of
"imminent danger" are those that are so severe and dangerous that either repairs cannot be
completed immediately or it is appropriate to have the residents or other occupants leave the
building or unit before the repairs have begun. "Imminent danger" consists of any of the
following and other similarly serious conditions:
1. Failed or missing foundations, beams, columns, floor systems;
2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members which sag, split or buckle and failure is likely to occur at any moment;
3. Broken water lines causing flooding which is undermining structural
supports or otherwise endangering the building's integrity;
4. Leaking gas;
5. Missing flues or vent connectors resulting in exhaust gases entering the
building;
6. Lack of adequate heating facilities during the months of October through
April;
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7. Overload of main and branch electrical distribution systems;
8. Exposed electrical wires, fuses and electrical current breakers capable of
producing electrical shock or fire and readily accessible to the occupants or the public;
9. Stairs and stair components that cannot carry the loads intended and which
may collapse if so loaded;
10. Contaminated water systems;
11. A complete absence of toilet facilities;
12. A complete lack of water supply or sewage disposal facilities, as a result
of a failure of a building's or dwelling unit's system and not a city system failure;
13. Blocked emergency egress halls, corridors and/or doors, including
accumulation or storage of materials in stairways, corridors, doors or windows, or other
condition which blocks the means of egress.
INFESTATION: The presence of insects, rodents or other pests in or around a building in
numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
which includes permanently installed cooking facilities.
MAINTENANCE: The repair, replacement and refinishing of any component of an existing
structure, but does not include alteration or modification to the existing weight bearing structural
components.
MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
minor in nature and is less severe or dangerous than a "substandard condition". "Minor
deficiencies" include the following, and other similarly minor conditions:
1. Interior finish wall coverings missing or in disrepair;
2. Lack of paint;
3. Dripping or leaking kitchen or bathroom faucets;
4. Soffit and fascia trim of which no more than 20% is weathered, missing,
or loose.
MONUMENTAL STAIRS: A stairway, exceeding 4 feet in width, at the main entrance on the
exterior of a building.
MULTIPLE-FAMILY STRUCTURE: A residential building containing 3 or more dwelling
units.
NEC: The edition of the national electrical code currently adopted by the city.
OCCUPANT: A person occupying or having possession of a dwelling unit.
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OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
street, alley or recess from a court.
PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
likely to walk because of the location of doors, fixtures or furniture placement when size of room
restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
located near the middle of the room are within the pattern of circulation.
PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
such water distribution or drainage piping and including potable water treating or using
equipment, and any lawn sprinkling system.
PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
one combined sleeping and living room and may include a kitchen and/or a separate private
bathroom.
SAFETY: The condition of being safe from causing harm, injury or loss.
SECURED BUILDING: A building where all windows and doors are intact and lockable against
unauthorized entry.
SLOPING CEILING: Any ceiling with a slope greater than 1/2 inch per foot.
SMOKE DETECTOR: An approved device which senses visible or invisible particles of
combustion.
SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
the building.
SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
exclusive use of the occupants of the unit.
SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
condition in a residential building or dwelling unit which violates applicable codes but with
maintenance or repair can be made fully safe and which does not amount to an "imminent
danger" or a "hazardous condition". "Substandard conditions" include the following as well as
any violations of the standards in this chapter which have not been included in the categories of
"imminent danger", "hazardous condition" or "minor deficiency":
1. Deteriorated or inadequate foundations with cracking and evidence of
settlement;
2. Defective or deteriorated flooring or floor supports;
3. Members of walls, partitions or other vertical supports that split, lean, list
or buckle due to defective material or deterioration;
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4. Members of ceilings, roofs, ceiling and roof supports, or other members
that are of insufficient size to carry live and dead loads with safety;
5. Soffit and fascia trim more than 20% of which is weathered, missing or
loose;
6. Missing, decayed, buckling or worn out roof covering;
7. Roof having more than 2 layers of shingle type roof covering;
8. Fireplaces or chimneys which list, bulge or settle, due to defective
material or deterioration;
9. Parapet wall or parapet cap bricks that are loose or missing;
10. Stair risers, treads, jacks, stringers or supports that are cracked or
otherwise deteriorated or missing;
11. Plumbing which was not installed in accordance with the adopted
plumbing code in effect at the time of installation or with generally accepted construction
practices, has not been maintained in good condition, or is not free of cross connections
or siphonage;
12. Continuous running water in a toilet, bathroom sink or kitchen sink;
13. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
or congregate housing structure;
14. Mechanical equipment which was not installed in accordance with codes
in effect at the time of installation, or with generally accepted construction practices, or
which has not been maintained in good and safe condition;
15. Inoperable heating systems during the months of May through September;
16. Inoperable air conditioning systems, when the building is supplied with
such a system and lacks other adequate forms of ventilation and the air conditioning
system fails to keep the air temperature below 85°F;
17. Damaged or missing heat ducts or missing heat duct registers;
18. Electrical wiring which was not installed in accordance with codes in
effect at the time of installation or with generally accepted construction practices, has not
been maintained in good condition, or is not being used in a safe manner;
19. Missing light fixtures, switches and outlet and switch cover plates;
20. Overcurrent situations such as those caused by the use of electrical
extension cords and multiple light fixtures;
21. Lack of the minimum natural light and ventilation required by this
chapter;
22. Room and space dimensions less than that required by this chapter;
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23. Dampness of habitable rooms as evidenced by water damage or excess
moisture on ceilings, walls or floors;
24. Deteriorated, crumbling or loose plaster or stucco;
25. Deteriorated or ineffective waterproofing of exterior walls, roof,
foundation or floors, including broken windows or doors;
26. Deteriorated or lack of weather protection for exterior wall coverings;
27. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
28. Wood has been installed within 6 inches of earth which is not naturally
decay resistant, treated wood or wood protected by an approved barrier;
29. Infestation of insects, vermin or rodents as determined by the Salt Lake
County health department, or its succcessor;
30. Lack of garbage and rubbish storage and removal facilities as determined
by the Salt Lake County health department regulations;
31. Those premises on which an accumulation of weeds, vegetation, junk,
dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
materials or conditions constitute a violation of the Salt Lake County health department
regulations;
32. Any building, device, apparatus, equipment, combustible materials or
vegetation which, in the opinion of the chief of fire department or building official, is in
such a condition as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause;
33. Any fire resistive requirement of this chapter which is not met;
34. Drainage of water from roofs or yards in a manner that creates flooding or
damage to a structure;
35. Any equipment or apparatus that causes excessive noise, pollution, odor or
light as defined by the Salt Lake City code or Salt Lake County health regulations;
36. Guardrails or handrails in common areas that are missing or cannot
support required loads.
TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
a tub or shower.
UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
building official to be an "imminent danger" or "hazardous condition" situation as defined by this
chapter, or which fails to meet the sanitation requirements of the Salt Lake County health
department.
VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
or skylight which opens upon a roof, yard, court, street or alley.
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YARD: As defined in Title 21A.
18.50.040: AUTHORITY:
A. Enforcement: The building official is authorized to enforce all the provisions of
this chapter. The building official may issue and deliver enforcement orders under authority
provided by state law.
B. Interpretation: The building official may render interpretations of this chapter and
adopt and enforce rules and supplemental regulations pursuant to adopted state construction
codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
conform to the intent and purpose of this chapter, and shall be made available in writing for
public inspection upon request.
C. Alternate Materials and Methods of Construction: This chapter is not intended to
exclude any method of structural design or repair not specifically provided for in this chapter or
applicable adopted state construction codes. The building official may approve any alternate
material or method of construction conforming to the applicable adopted state construction
codes.
18.50.050: RIGHT OF ENTRY:
A. Inspection: Whenever it is necessary to make an inspection to enforce any
provisions of this chapter, or whenever the building official has reasonable cause to believe a
code violation exists in any building or upon any premises which makes such building or
premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
of the owner or other person having charge or control of the premises or dwelling unit, or upon
obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
imposed by this chapter. If such building or premises is occupied, the building official shall first
present proper credentials and request entry. If such building or premises is unoccupied, the
building official shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If such entry is refused, the
building official shall have recourse to every remedy provided by law to secure entry. The
building official shall establish written policies which outline owner notification procedures for
regular inspections and establish handling of owner notification for tenant reports of unsafe,
dangerous and hazardous conditions.
B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
unattended and the owner or other person having charge or control of the building or premises
cannot be located after reasonable effort, the building official or building official's designee may
enter the building. The building official shall issue a notice and order pursuant to Section
18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
unauthorized persons.
C. Inspection Notification: In imminent danger or hazardous condition situations, or
when authorization to enter has not previously been granted by a tenant, the owner shall give the
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tenant a minimum of 24 hours' notification of an inspection of the tenant's premises by the
building official.
18.50.060: RESERVED
18.50.070: RESERVED
18.50.080: RESERVED
18.50.090: MINOR DEFICIENCY NOTIFICATION:
A. Determination: If the building inspector determines that a minor deficiency exists,
the building inspector may take the actions specified in this section.
B. Citations: Citations may be issued for minor deficiencies. However, such citations
shall be for the owner's information only and shall have no further legal force or effect. When a
notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
under "for owner's information only". If a property inspection reveals only minor deficiencies,
the building inspector may mail a letter to the owner informing the owner of such minor
deficiencies.
18.50.100: ENFORCEMENT:
A. Determination: If the building inspector determines that a violation of this chapter
exists, the building inspector may take the actions specified in this section.
B. Warning Notice
1. Notice: If the building inspector finds that any provision of this chapter is
being violated, the inspector shall provide a written notice to the responsible party. The
written notice shall indicate the nature of the violation and order the action necessary to
correct it. The written notice shall state what action the inspector intends to take if the
violation is not corrected. The written notice shall include the time period in which the
violations must be corrected, which will be based on their severity.
2. Delivery of Notice: Such written notice issued by the inspector shall be
deemed sufficient and complete when served upon the responsible party as follows:
a. Personally by the inspector or his or her representative; or by
mailing, postage prepaid, by certified mail, return receipt requested or any
reputable mail tracking service that is capable of confirming delivery, addressed
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to the responsible party at the last known address appearing on the records of the
county recorder; and
b. By posting notice on the property where said violation(s) occurs.
3. In cases when delay in enforcement would seriously threaten the effective
enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
inspector need not issue a warning notice.
C. Notice and Order: If, after issuance of the warning notice (if required), the
violations have not been corrected by the time period stated in the notice, the building inspector
may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
provide any additional correction period and may impose fines beginning on the date it is issued.
D. Remedies: Upon issuance of a notice and order, the building inspector may pursue
any remedies allowed by Sections 18.24.030 and 18.24.050, except that civil fines shall accrue as
set forth in the Salt Lake City consolidated fee schedule specific to the violations of this chapter.
E. Daily Violations: Each day a violation continues after the issuance of the notice
and order (or cure deadline stated therein, if applicable) shall give rise to a separate civil fine.
F. Compliance: Accumulation of fines for violations, but not the obligation for
payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
G. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the property within 6 months of the initial correction and is due to the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.50.110: APPEALS:
A. Filing of Appeals: Appeals of enforcement of this chapter shall be taken in
accordance with Chapter 18.12.
B. Inspection of the Premises: Before any hearing is held by the board of appeals and
examiners the board may inspect the building or premises involved. Prior notice of such
inspection shall be given to the responsible party filing the appeal, who may be present at such
inspection. Failure of the responsible party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal denied.
18.50.120: RESERVED
18.50.130: APPROVAL FOR OCCUPANCY:
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Following the correction of the deficiencies and prior to persons reoccupying any residential
building or dwelling unit after it has been closed to occupancy, the building official shall issue an
approval for occupancy.
18.50.140: EXTERIOR STANDARDS:
A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
structural components shall be repaired when they no longer retain their structural integrity.
Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
B. Exterior Surfaces: Exposed materials that require weather protection and exterior
surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
C. Drainage: All surface water shall drain away from the structure and any potential
adverse effect of the runoff shall be mitigated to the reasonable satisfaction of the building
official.
D. Windows and Doors: Windows that are required by this chapter for light and
ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
egress standards may be sealed with opaque materials or removed. Broken or missing doors,
door frames, windows, and window sashes shall be replaced or repaired.
E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
shall be maintained in good repair and be properly anchored.
F. House Addressing: All residential buildings shall display a street number in a
prominent location on the street side of the building in such a position that the number is easily
visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
adopted in Section 18.04.040. Each individual unit within any multiple-family structure shall
display a prominent identification number.
G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
conditions.
18.50.150: INTERIOR STANDARDS:
A. Showers/Tubs: Showers shall be finished to a height of 70 inches above the
fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers may utilize
a shower curtain that totally encloses all sides of the tub.
B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
substantially intact manner. This standard does not apply to area or throw rugs within dwelling
units.
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C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
secure and intact. Surfaces shall be painted or covered with wallpaper or paneling.
D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
and SROs, floors and walls within 15 inches of sinks, bidets, showers, toilets, and tubs shall be
finished with a nonporous material that is not adversely affected by moisture.
E. Operable Fixtures and Equipment: All fixtures, appliances, and equipment
required by this code shall be maintained in safe and operable condition.
18.50.160: DOORS, TRIM AND HARDWARE:
A. All doors, trim and hardware shall be kept in good working condition.
B. Exterior doors which are required for ingress and egress shall have locks which
are keyed from the exterior and are operable from the interior without the use of a key or other
special equipment or knowledge. Original locks in historic buildings are not required to be
replaced if in good working condition.
C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
pins.
18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
A. All premises shall be maintained clean, safe, sanitary and free from an
accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
exterior property which such occupant occupies, controls or uses in a clean and sanitary
condition. Every owner of a structure containing a boarding and rooming house, fraternity and
sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
sanitary condition, the shared or public areas of the structure and exterior property.
B. Garbage and refuse storage and removal shall meet the requirements of the Salt
Lake County health department regulations.
C. There shall be no insect or rodent infestation in violation of the Salt Lake County
health department regulations.
D. Asbestos, regardless of the date of installation, shall meet the requirements of the
Salt Lake County health department regulations.
E. A room in which a toilet is located shall be separated from food preparation or
storage rooms by a tightfitting door.
18.50.180: SPACE AND OCCUPANCY STANDARDS:
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A. Ceiling Heights:
1. Habitable Rooms: The minimum ceiling height for all habitable rooms
shall be as set forth in the construction codes adopted in Section 18.04.040. This height
may be 6 feet 4 inches when the requirements of this chapter for emergency egress, light
and ventilation are met and a smoke detector and carbon monoxide detector are installed
pursuant to the construction codes adopted in Section 18.04.040. The only exception is
that a smoke detector is not required in a kitchen. Obstructions shall be allowed to 5 feet
10 inches when the obstruction is not in the pattern of circulation and obstructions are not
greater than 20% of the floor area of the room.
2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
bathrooms, shall have no minimum ceiling height requirement.
3. Bathrooms and Toilet Rooms: Bathrooms and toilet rooms shall have a
minimum ceiling height of 6 feet 0 inches. Obstructions shall be allowed to 5 feet 10
inches. The bathroom ceiling height at the back of a sink, toilet or tub without shower
may be sloped to a minimum height of 5 feet 0 inches at the wall when the ceiling height
is no less than 6 feet 0 inches at a point 2 feet 0 inches from the wall adjacent to the
bathroom plumbing fixture.
4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
(1/2) the floor area shall have a minimum ceiling height as required by this section. No
portion of the room with a ceiling height below 5 feet 0 inches may be used in the floor
area computation.
5. Corridors: A minimum ceiling height of 6 feet 4 inches shall be required
in corridors so long as there are a smoke detector and carbon monoxide detector installed
pursuant to the construction codes adopted in Section 18.04.040. Obstructions shall be
allowed to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
obstructions are not greater than 20% of the floor area of the corridor.
B. Room and Corridor Size:
1. Floor Area and Room Dimensions: Floor area and room dimensions shall
be as set forth in the construction codes adopted in Section 18.04.040.
2. Sleeping Room Dimensions: Every room used for sleeping shall have
floor area equal to the amounts required by the construction codes adopted pursuant to
Section 18.04.040. Where more than 2 persons occupy a room used for sleeping, the
required floor area shall be increased at the rate of 50 square feet for each occupant in
excess of 2.
3. Corridors: The minimum width of corridors shall be 36 inches. In dwelling
units constructed prior to 1983, a minimum corridor width of 28 inches shall be
permitted.
C. Special Dwellings:
1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
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a. Have a living room floor area equal to the amounts required by the
construction codes adopted pursuant to Section 18.04.040. An additional 100
square feet of floor area shall be provided for each occupant in excess of two;
b. Have a closet;
c. Have a kitchen sink and cooking and refrigeration facilities, each
having a clear working space of at least 30 inches in front of the fixture or
appliance;
d. Have a bathroom containing a toilet, sink and bathtub or shower.
2. Congregate Housing: Except for Shared Housing as defined in Title 21A,
individual units in congregate housing shall have at least one room with not less than 70
square feet of floor area per occupant. When individual rooms are less than 120 square
feet, a separate common room shall be provided of at least 120 square feet for each 10
units, with a minimum of one common room per floor. When separate rooms are not
provided with cooking facilities, the common room may be a common kitchen with a
floor area as defined by the floor area computation.
D. Cooking Facilities:
1. Cooking Facilities in Dwelling Units: Each dwelling unit shall have a
kitchen that supplies:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities. All cooking appliances shall be maintained in
good working condition.
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep.
c. A minimum of 4 square feet of counter space.
d. A refrigerator.
2. Cooking Facilities for Individual Units in Congregate Housing: As long as
such cooking facilities do not encroach into the required floor area, required cooking
facilities may be supplied in individual units, provided all of the following items are
supplied:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities and are not allowed. Portable cooking devices are
not allowed in individual rooms;
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep;
c. A minimum of 4 square feet of counter space;
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d. A refrigerator.
3. Common Kitchens in Congregate Housing: When cooking facilities are
not provided within individual units, congregate housing shall have a common kitchen
area which shall contain the following minimum facilities: a sink for each 20 tenants or
portion thereof, a range for each 20 tenants or portion thereof, and a refrigerator for each
10 tenants or portion thereof. The minimum kitchen area shall be 120 square feet based
on the floor area computation for the first 10 occupants or portion thereof, and an
additional 30 square feet for each additional 10 persons or portion thereof.
18.50.190: LIGHT AND VENTILATION:
A. Natural Light in Habitable Rooms:
1. Every habitable room shall have at least one window facing directly to the
outdoors to provide natural light. The minimum total window area shall equal 1/20th or
more of the floor area of the room, with a minimum of 3 and 1/2 square feet. Special
purpose rooms such as home theaters and film processing rooms shall not be subject to
this requirement. Kitchens may be provided with artificial light, which shall be a
minimum of 1.5 watts incandescent or 0.8 watts fluorescent per square foot of the room.
2. The glazed area of an exterior door may be used for purposes of
computing window size for natural light.
3. For the purpose of meeting light or ventilation requirements, as well as
emergency egress, a room may be considered as a portion of an adjoining room when 1/2
of the area of the common wall is open and unobstructed and provides an opening of not
less than 1/10 of the floor area of the interior room or 25 square feet, whichever is
greater.
B. Ventilation:
1. Habitable Rooms:
a. Except as provided in subsection B1b of this section, all habitable
rooms shall be provided with natural ventilation by means of openings to the
exterior which have the capability of being closed to the weather. Total openings
shall have an area at least 1/20 of the floor area of the room or 3 and 1/2 square
feet, whichever is greater.
b. A mechanical ventilation system shall be allowed in lieu of
openings for natural ventilation. Such system shall create a positive pressure in
the room and the air intake shall be connected directly to the outside and be
capable of 2 air exchanges per hour. In kitchens, the ventilation system may
create negative pressure. The air intake/exhaust source shall be located at least 3
feet above any opening which is within 10 feet of the air intake/exhaust.
c. Exterior doors may be used to meet natural ventilation
requirements.
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2. Bathrooms, Laundry Rooms, and other Nonhabitable Areas:
a. Except as provided in subsection B2b of this section, all bathrooms
and laundry rooms shall be provided with natural ventilation by means of
openings to the exterior which have the capability of being closed to the weather.
Such openings shall have a total area not less than 1/20 of the floor area of the
room, with a minimum of 1 and 1/2 square feet.
b. A mechanical exhaust system connected directly to the outside
shall be allowed in lieu of natural ventilation. The system shall be capable of
providing 5 air exchanges per hour. The exhaust air shall discharge at least 3 feet
above or 10 feet away from any air intake source. Toilet rooms may be ventilated
with an approved recirculation fan or similar device designed to remove odors
from the air.
c. Mechanical or convection venting of bathrooms into the attic shall
be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
with tubs or showers shall have a convection or mechanical exhaust system.
d. Bathrooms constructed prior to 1970, which are vented with
convection vent openings extending to the outside shall meet the ventilation
requirement as long as the walls, ceiling and floor are not adversely affected by
moisture.
18.50.200: FIRE SAFETY; EGRESS:
A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
any building, premises, equipment or apparatus.
B. Exit and Emergency Egress:
1. Every existing dwelling unit shall have a safe, continuous and
unobstructed means of egress of a minimum ceiling height of 6 feet 4 inches and a
minimum egress width of 28 inches. Obstructions shall be allowed to 5 feet 10 inches
when the obstruction is not in the pattern of circulation and obstructions are not greater
than 20% of the floor area of the exitway. The exitway shall be kept in a proper state of
repair and maintained free of hazardous conditions and obstructions.
2. Every sleeping room located below the fourth story shall have at least one
openable window or exterior door approved for emergency egress or rescue. Every egress
window shall comply with the construction codes adopted in Section 18.04.040, unless
the size of the opening under such codes is not feasible then the opening shall have a
minimum of 3 and 1/2 square feet of openable space and clear opening dimensions of at
least 20 inches in one dimension and 24 inches in the other dimension. The escape
window must open directly into a yard or exit court, or into a public street or alley. When
windows are provided as a means of emergency egress or rescue, they shall have a
finished sill height of not more than 48 inches. If the distance from the floor to the
windowsill is more than 48 inches, a permanent ladder or platform attached to the wall or
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floor may be installed to meet the maximum height requirement. The ladder or platform
must be approved by the city.
3. For windows that are below grade, a window well shall run parallel to the
width of the window and extend at least 18 inches out from the exterior face of the
building. When the distance from the top of the window well to its bottom exceeds 48
inches, it shall be equipped with an approved permanently affixed ladder or stairs that are
accessible with the window in the fully open position. Grates are permitted over window
wells when hinged away from the structure and not weighing over 15 pounds per section
of the grate.
4. Bars, grills, grates or similar devices may be installed on emergency
escapes or rescue windows or doors, provided such devices are equipped with approved
release mechanisms which are operable from the inside of the grate without the use of a
key or special knowledge or effort.
C. Stairs and Handrails: Stairs and rails shall meet the requirements of the means of
egress section of the applicable adopted state construction code with the following modifications:
1. If there are 4 or more risers, a handrail shall be required. Two handrails
shall be required when the width of the stairs is 48 inches or more. Stairways less than 48
inches in width or stairways serving one individual dwelling unit in group R, division 1
or 3 occupancy, or a group R, division 3 congregate residence may have one handrail.
Handrails are not required for monumental stairs.
2. Handrails shall be placed not less than 30 inches nor more than 38 inches
above the outermost edge of the tread. Handrails for existing stairs are not required to
extend beyond the top or bottom stair tread.
3. Stairs shall have a maximum riser height of 9 inches and a minimum step
run of 8 inches. Existing stair flights may have a maximum variation in rise and run of 2
inches at the top and bottom of the flight. A maximum of 1 inch variation of rise and run
shall be allowed for all intermediate risers and treads. Stairs shall be level and shall
comply with life safety standards as defined herein.
4. Winding, circular and spiral stairs may run to narrow to a point. The run
shall measure 8 inches (12 inches from the narrow point).
5. There shall be no minimum rise or run requirement nor maximum
variation in the rise and run for stairs leading only to mechanical, storage, utility, and
nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
units provided the stairs are structurally sound.
6. Steps shall be maintained in a safe manner. Missing steps, steps which are
deteriorated to the point that a foothold is difficult to maintain, staircases which have
missing boards, and/or staircases which contain boards that have lost their structural
integrity shall be repaired to a safe condition.
7. Interior and exterior stairs shall have a minimum headroom height of 6
feet 4 inches so long as there are electrical powered smoke detectors installed pursuant to
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the construction codes adopted in Section 18.04.040, except for stairs to mechanical or
storage rooms, utility and nonhabitable rooms in any residential structure and laundry
rooms in individual dwelling units, which have no minimum headroom height. Within
stairways obstructions shall be allowed to 5 feet 10 inches when the obstruction is not in
the pattern of circulation and obstructions are not greater than 20% of the floor area of the
stairway.
8. Stairs in the interior or exterior of an existing building where stair jacks
are replaced or more than 50% of the tread or risers are replaced shall meet the
requirements of the applicable adopted state construction code.
9. A stair tread, stair support, stair riser, landing or railing which is either
missing or so severely in disrepair or damaged that it cannot support its intended live and
dead loads shall be repaired.
10. Interior stair landings shall have a minimum width of 28 inches and a
minimum length in the direction of travel of 30 inches.
D. Guardrails:
1. Guardrails shall be required for all balconies, porches, patios and open
stairs more than 30 inches above or below grade. Guardrails shall also be required for any
grade change more than 30 inches next to a walking surface. Guardrails shall not be less
than 42 inches in height, except for guardrails serving private dwelling units, which shall
have a minimum height of 36 inches. Guardrails may have a minimum height of 36
inches if the building was built before 1970. Guardrails having a height less than 36
inches shall be allowed if they were installed as part of the building's original
construction and are not a replacement. For structures which are on the historic register or
are contributory structures located within one of the city's historic districts, height of
existing and replacement guardrails may be determined based upon standards adopted by
the city's historic landmark committee.
2. Guardrails shall have intermediate rails or an ornamental pattern such that
there is no open area in excess of 4 inches in diameter. The diameter of such open space
may be 9 inches for buildings built before 1985, and 6 inches for those built between
1985 and 1991.
E. Smoke Detector Requirements:
1. When smoke detectors are required in dwelling units by the applicable
adopted state construction code, the detectors shall be mounted on the ceiling or wall at a
point centrally located in the hallway or area giving access to rooms used for sleeping. In
efficiency dwelling units, the detector shall be centrally located on the ceiling or wall of
the main room or sleeping room.
2. Where sleeping rooms are on an upper level, the detector shall be placed at
the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
mounted detectors shall be a minimum of 4 inches and maximum of 12 inches from the
ceiling, but no detector shall be mounted within 12 inches of any corner formed by the
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meeting of walls, ceilings or beams unless manufacturer's listing specifies otherwise.
When activated, the detector shall provide an alarm in the dwelling unit.
3. When one or more sleeping rooms are added to or created within a
structure, smoke detectors shall be installed in compliance with the manufacturer's listing
and shall receive their primary power from the building wiring in compliance with the
applicable adopted state construction code.
4. All habitable rooms having a ceiling height of less than 7 feet 6 inches
shall have installed a 120 volt electrical powered smoke detector.
F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
other and from hazardous uses shall be maintained in their original condition with all
penetrations sealed or covered with an approved material. These separations include walls and
ceilings separating a garage from a dwelling unit or common area and walls and ceilings
separating furnace rooms in structures containing 3 or more dwelling units. When 50% or more
of a wall or ceiling is removed for any reason, the entire wall or ceiling shall be reconstructed to
meet the requirements of the applicable adopted state construction code for one hour occupancy
separation.
18.50.210: PLUMBING:
A. Minimum Requirements:
1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
shall be in accordance with the code in effect at the time of installation.
2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
in good condition. All waste lines shall be connected to an approved sewer system.
3. The minimum plumbing fixtures required for dwelling units are a
bathroom sink, toilet, tub or shower, and kitchen sink.
4. Cold running water shall be plumbed to each toilet. Hot water shall be
supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
culinary purposes.
5. A space without obstruction from floor to ceiling of not less than 12
inches shall be in front of all toilets. Toilets shall be located in a space without
obstruction from floor to ceiling of not less than 22 inches in width. No encroachments of
these dimensions are permitted.
6. Where vents do not exist for plumbing fixtures meeting the applicable
codes in effect at the time of their installation, vents need not be installed when the
plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
B. Water Heaters: Water heaters shall comply with the construction codes adopted in
Section 18.04.040 or the construction code in effect at the time of installation.
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C. Cross Connections: In order to protect against contamination of the water supply
through cross connections, all water inlets for plumbing fixtures shall be located above the flood
level rim of the fixture. Hoses or handheld shower heads shall not be attached in any manner that
would permit water contamination during reverse pressure. Water supply pipes provided with an
approved backflow preventer or antisiphon device shall be permitted. Handheld shower heads
shall be permitted when provided with a permanently mounted holder attached to the wall or
shower pipe, or when an antisiphon device is installed. Water faucet outlets below the overflow
rim of the fixture shall be permitted until the faucet is replaced. A new fixture shall not be
installed where it would create a cross connection.
D. Drains:
1. Drain traps shall meet standards of the applicable adopted state
construction code. Existing traps shall be allowed as originally designed. If the trap has
been modified it shall be replaced with an approved trap, and a vent shall be added as
required by the applicable adopted state construction code.
2. All open entrapped sewer lines and outlets shall be capped with an
approved cap.
E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
provided with the minimum water pressure and quantities required by the codes adopted
pursuant to Section 18.04.040.
F. Bathrooms in Rental Dwelling Units: Each rental dwelling unit shall have a
bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
be in a room which will afford privacy to the occupant.
G. Congregate Housing:
1. The minimum plumbing fixtures required for congregate housing are a
sink, toilet, and tub or shower for each 10 occupants or portion thereof and a kitchen sink.
Bathrooms shall have installed a door with privacy lock.
2. Congregate housing that does not provide private toilets, sinks, bathtubs or
showers shall have on each floor, accessible from a public corridor, at least one toilet, one
sink, and one bathtub with shower or one separate shower for each 10 occupants or
portion thereof. For each additional 10 occupants, or portion thereof, an additional one
toilet, one sink and one bathtub or shower accessible from a public corridor shall be
provided.
18.50.220: MECHANICAL:
A. Mechanical Equipment:
1. Existing Installations: Mechanical systems lawfully in existence at the
time of the adoption of this code may have their use, maintenance or repair continued if
the use, maintenance or repair is in accordance with the original design and location and
no hazard to life, health or property has been created by such mechanical system.
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2. Compliance: All mechanical equipment shall be in accordance with the
code in effect at the time of installation.
3. Maintenance: All mechanical equipment shall be properly maintained and
shall be operated in a safe manner.
B. Heating:
1. Temperature: Heating shall be provided by a permanently installed heating
system capable of heating all habitable rooms and bathrooms to a minimum of 68°, which
shall be measured in the center of the room at a height of 3 feet from the floor.
2. Air Return: A return air duct which serves more than one dwelling unit
shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
may have an existing common air return continued if a listed smoke detector fan shutoff
is installed in the return air duct.
3. Fuel Burning Appliances:
a. Except for direct vented appliances, gas furnaces and gas water
heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
only from a bedroom or a bathroom. Existing furnace rooms with access only
through an existing bedroom may continue to exist when a 120 volt smoke
detector is installed in the bedroom and relayed to a smoke detector installed in
the furnace room. All combustion air is to be supplied from outside air.
b. Gas shutoff valves are required on all gas appliances. Shutoff
valves shall be installed in accordance with the applicable adopted state
construction code.
c. All fireplaces, wood burning stoves, and all other appliances
producing combustible gas byproducts shall be connected to an operating
chimney or approved flue. All flues and vents shall be installed in compliance
with EPA requirements and the requirements of the applicable adopted state
construction code in effect at the time of installation.
d. All fuel burning appliances shall be provided with combustion air
per the requirements of their listing and with the applicable adopted state
construction code in effect at the time of their installation.
e. All fuel burning appliances shall be provided with listed clearances
and maintained in good working condition and in accordance with their listing.
f. All ventilation fans shall be installed according to their listing and
maintained in good working condition.
g. All ducts and vents shall be maintained according to original
installation requirements.
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18.50.230: ELECTRICAL:
A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
wiring and equipment shall be in accordance with the electrical code in effect at the time of
installation. All conductors shall be protected by fuses or circuit breakers that are adequately
sized.
B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
the service and branch circuits shall have adequately sized circuit breakers or fuses.
C. Facilities Required: The following electric facilities must be furnished at a
minimum and must be operable:
1. Service: The minimum main service to any dwelling unit shall be 60
amperes. Existing dwelling units with electrical services less than 60 amps per dwelling
unit which have no special electrical service loads, such as air conditioners, ranges,
heating units and clothes dryers may continue to be operated without upgrading the
service.
2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
shall not be overfused.
3. Receptacles: Every habitable room shall contain at least two electrical
receptacles or one electrical light fixture and one electrical receptacle. Grounding type
receptacles shall only be used when connected to a grounding system. Existing
nongrounding type receptacles may be replaced with grounding type receptacles where
protected by a ground fault circuit interrupter.
D. Upgrading Facilities:
1. Service: When remodeling work is done, the service must be upgraded if
required by the NEC.
2. Circuits: When new circuits, outlets, switches, wiring and service panels
are being installed, the installation shall meet the requirements of the NEC.
3. Receptacles: Wiring, receptacles and switches may be replaced without
upgrading so long as circuits are not overloaded.
E. Lighting:
1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
room, interior stairway and hall shall contain at least one permanently mounted electric
light fixture.
2. Apartments, SROs and Congregate Housing:
a. Lighting in the common areas shall be as follows: Aisles,
passageways, stairwells, corridors, exitways and recesses related to and within the
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building complex shall be illuminated with a minimum of a 40 watt light bulb or
equivalent for each 200 square feet of floor area; provided, that the spacing
between lights shall not be greater than 30 feet. Structures containing three
dwelling units or less shall not be required to provide exit lighting when no
lighting outlet has been previously provided.
b. Every furnace room shall contain at least one electric lighting
fixture.
c. Open parking lots and carports shall be provided with a minimum
of one foot-candle of light on the parking surface during the hours of darkness.
Lighting devices shall be protected by weather resistant covers and shall not cast
glare on neighboring properties.
F. General:
1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
covers.
2. Flexible cords, as defined in the NEC, shall be used only according to
their listing and shall not be installed as permanent wiring or strung across exitways.
18.50.240: ENERGY CONSERVATION REQUIREMENTS:
A. Upgrading: Existing residential units shall be upgraded whenever any of the
following events occur:
1. Whenever wallboard, plaster or other finish material is removed which
exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
the space shall be ventilated as per the currently adopted applicable state construction
code.
2. Where insulation increases the accumulation of snow, and the snow load
capacity of the roof structure is exceeded, the roof members shall be upgraded to
withstand the additional loads.
3. When access is available to foundations of existing structures, foundations
shall be insulated to the standard required by the applicable Utah energy code when
remodeling of the structure is initiated.
4. When boarded structures are renovated for reoccupancy, the structure shall
be insulated to the following standards when wall, ceiling, roof or floor cavities are open
or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
shall have the meaning as defined in the Utah energy code.
5. When new habitable space is created within an existing building envelope,
all such spaces shall be insulated to the current Utah energy code standards.
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6. All replacement windows shall be double pane. Replacement glass for
structures which are on the historic register or are contributory structures located within
one of the city's historic districts may be determined based upon standards adopted by the
city's historic landmark committee. Replacement metal windows shall have a thermal
break. Single pane replacement glass may be installed on windows not designed to accept
double pane glass.
7. All exterior door replacements shall be weather stripped.
8. New mechanical equipment installed shall meet a minimum of 80%
efficiency.
9. Except for the other applicable requirements of this chapter, when a new
addition is made to an existing residential structure, only the addition shall be made to
comply with current Utah energy code standards.
B. Exterior Door and Window Seals:
1. Exterior doors and windows shall be weathertight. If broken, all panes
shall be replaced with glazing in compliance with the applicable adopted state
construction codes.
2. All doors and windows shall be properly caulked and weatherproofed.
SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.52
MECHANICAL REGULATIONS
18.52.010: DEFINITIONS:
For the purpose of this title:
ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
operate by the use of fuel and/or power and shall include any devices and appurtenances or
appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
burners necessary to the performance of such functions that shall create comfort heating and/or
cooling or power for work services.
MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
cooling, ventilation and refrigeration systems, or energy using equipment.
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18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
The edition of the uniform mechanical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
code shall be filed for use and examination by the public in the office of the city recorder.
Hereafter all references in this code to the uniform mechanical code shall mean the said edition
adopted by the Utah uniform building code commission.
18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
"Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
out, three (3) copies of which code have been filed for use and examination by the public in the
office of the city recorder.
18.52.050: MECHANICAL PERMIT FEES:
A. Any person desiring a permit required by this code shall, at the time of filing an
application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
specialty item is shown on the Salt Lake City consolidated fee schedule.
SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.56
PLUMBING REGULATIONS
18.56.010: UNIFORM PLUMBING CODE ADOPTED:
The uniform plumbing code, 1988 edition, published by the International Association Of
Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
filed for use and examination by the public in the office of the city recorder, is hereby adopted,
except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
City.
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18.56.020: PLUMBING SYSTEM DEFINED:
"Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
and traps, all drainage and vent pipes, and all building drains and appurtenances within the
property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
prevention devices, and b) building sewers and private wastewater disposal systems three feet
(3') or more beyond the outside walls of buildings. Included also are potable water treating or
using equipment and water heaters.
18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
The water supply portion of the plumbing system shall be considered to extend from the meter
box (or the property line in the absence of a meter) to and throughout the building, terminating at
an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
are fire prevention and firefighting piping and equipment.
18.56.040: PLUMBING PERMIT FEES:
A. Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
the Salt Lake City consolidated fee schedule.
18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
All single-family residences which have central water heating units shall deliver a minimum
capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
units shall have a central water heating unit which shall deliver a minimum capacity of thirty
(30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
central water heating unit is installed.
18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
After the effective date hereof, no building permits shall be issued for new construction or
remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
or water closets which use more than four (4) gallons of water per flush. Any toilets or water
closets installed prior to said effective date shall meet the standards of this section when
replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
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that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
with each flush.
18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
with toilets or water closets which meet the standards for new construction or remodeling
specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
as amended.
18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
All floor drains, area drains and indirect waste receptors installed on any floor level other than
slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
inches (36") square of approved material, unless they are part of an original pour of concrete.
18.56.100: SOVENT PLUMBING SYSTEMS:
"Sovent" is an engineered drainage plumbing system that does not meet conventional code
requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
18.56.010 of this chapter, or its successor section. The system is based on the combined
hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
will be allowed for use in the city under the following provisions:
A. Certification: The proprietor(s) of the engineered system shall certify that the
plans meet the design requirements and shall also certify at the completion of the installation that
they have inspected the system and that the system complies with the approved plans;
B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
proposed system before a permit is obtained;
C. Offsets: A double offset shall be installed in the stack on floor levels where no
fixture or branch connections are made;
D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
base of the stack. No branch or fixture connections are permitted on this system downstream
from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
shall be provided with an accessible upper terminal cleanout;
E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
machine, or outlets from grease traps are prohibited in this system;
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F. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
five degrees (135°);
G. Conventional Plumbing: Vents from conventional plumbing and pressure
equalizing line vents from a sovent system shall not connect to the sovent stack below other
drainage fittings;
H. Future Alterations: No alteration may be made without prior written permission
from the division of building and housing services, and no provisions for future openings will be
permitted on this system. This system shall be properly identified on each installation site. All
buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
A. Overflow roof drains shall not be connected to the primary roof drain lines.
B. Overflow roof drains shall drain to a point where they can be easily seen for early
problem detection.
C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
gap on reduced pressure backflow preventer.
D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
first approved by the administrative authority.
E. Trough drains are prohibited unless first approved by the administrative authority.
F. Drainage for gravity dump washers shall be by direct hookup to the building drain
or to a sealed sump connected to the building drain. There shall be a floor drain immediately
downstream of each gravity dump washer hookup.
18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
Any portion of a plumbing system or any construction or work regulated by this title found or
determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
property, is hereby declared to be a public nuisance.
SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
amended as follows:
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CHAPTER 18.64
DEMOLITION
18.64.005: PURPOSE AND INTENT:
A. The purpose of the provisions in this chapter is to:
1. Promote the public welfare by maintaining the integrity and continuity of
the urban fabric and economic vitality;
2. Provide an orderly and predictable process for demolition of buildings and
structures when appropriate;
3. Ensure demolition occurs safely;
4. Protect utilities and other infrastructure from damage during demolition;
5. Provide for enforcement of timely completion of demolition and for
improvement of property following demolition to ensure the site is not detrimental to the
use and enjoyment of surrounding property;
6. Provide for enforcement and maintenance of property to avoid purposeful
demolition by neglect; and
7. Encourage preservation of the city's housing stock where appropriate.
B. A primary intent of the city council with respect to this chapter is to promote
responsible re-use of existing housing stock where practical and provide an orderly process for
demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
finds that it is in the public interest to require existing buildings to be maintained in a manner
that does not constitute a public nuisance until replaced by new construction, except as otherwise
permitted by this code.
18.64.010: PERMIT REQUIRED:
It is unlawful to demolish any building or structure in the city, or cause the same to be
demolished, without first obtaining a permit for demolition of each such building or structure
from the city building official as provided in this chapter.
18.64.020: APPLICATION FOR PERMIT:
To obtain a permit for demolition, an applicant shall submit an application in writing on a form
furnished by the building official for that purpose. Each application shall:
A. Identify and describe the type of work to be performed under the permit;
B. State the address of the structure or building to be demolished;
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C. Describe the building or structure to be demolished including the type of use, type
of building construction, size and square footage, number of stories, and number of residential
dwelling units (if any);
D. Indicate the method and location of demolished material disposal;
E. Identify the approximate date of commencement and completion of demolition;
F. Indicate if fences, barricades, scaffolds or other protections are required by any
city code for the demolition and, if so, their proposed location and compliance;
G. State whether fill material will be required to restore the site to level grade after
demolition and, if required, the approximate amount of fill material;
H. If the building or structure to be demolished contains any dwelling units, state
whether any of the dwelling units are presently occupied; and
I. State the proposed use of the premises following demolition. If new construction
is proposed following demolition, state the anticipated start date and whether any development
applications have been submitted to and/or approved by the city.
J. Affirm that the property will comply with the landscaping requirements for the
zoning district that the property is located in as required under the provisions of Chapter 21A.48.
18.64.030: FEES AND SIGNATURE:
A. The permit application shall be signed by the party or the party's authorized agent
requesting the permit. A signature on the permit application constitutes a certification by the
signee that the information contained in the application is true and correct.
B. The fee for a demolition permit application shall be as shown on the Salt Lake
City consolidated fee schedule.
C. An additional fee for the cost of inspecting the property to determine compliance
with the requirements of this chapter and to assure the property is kept free of weeds and junk
materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
18.64.040: ISSUANCE OF DEMOLITION PERMIT:
A. A demolition permit may be issued only upon completion of an application in
accordance with Section 18.64.020 herein; or the building official or fire marshal orders
immediate demolition:
1. Due to an emergency as provided in Chapter 18.64; or
2. Because the premises have been damaged beyond repair because of a
natural disaster, fire, or other similar event; or
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3. The building official or fire marshal authorizes immediate demolition
because clearing of land is necessary to remove a nuisance as defined in this code or
Section 76-10-801 et seq., Utah Code or its successor.
B. If proposed demolition involves a landmark site, a contributing structure, or a
structure located in the H Historic Preservation Overlay District, as provided in Section
21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
compliance with applicable provisions of that section or its successor.
18.64.045: DEMOLITION BY NEGLECT:
The owner of a boarded building shall maintain the exterior of the building as provided in
Sections 18.48.235 and 18.50.140.
18.64.050: RESIDENTIAL DEMOLITION NOTICE
A. If the structure for which a demolition permit is sought contains one or more
dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
official shall cause to be recorded against title to such real property in the official records of Salt
Lake County a notice that contains the following information:
1. Information about the demolished property as required by the city,
including the number of dwelling units and respective number of bedrooms, and the amount of
rent charged in the year prior to the demolition, and the level of affordability if the rent is a
below market rate.
2. Notice that the future development of the property may have specific
development requirements under the City code, including without limitation the city’s
community benefit policies in chapters 19 and 21A.50.050.
18.64.070: PREDEMOLITION SALVAGE PERMITS:
A. A predemolition salvage permit shall be required for removal of doors, windows,
special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
marble, or similar materials on the exterior or interior of any building prior to demolition of the
structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
city approval of:
1. A building permit for new construction on the premises following
demolition, or
2. A demolition permit.
B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
consolidated fee schedule.
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18.64.080: EXPIRATION; DILIGENCE:
A demolition permit shall expire 45 calendar days from the date of issuance, unless a completion
date allowing more time is requested and approved by the building official at the time of
application. A demolition permit may be renewed upon request prior to expiration with approval
of the building official for 1/2 of the original permit fee, provided continuous progress is being
made. If a permit is allowed to expire without prior renewal, any subsequent request for
reinstatement shall be accompanied by a reinstatement fee equal to the original demolition
permit fee.
18.64.090: QUALIFICATIONS TO DO WORK:
A. It shall be unlawful for demolition work permitted under this chapter to be
performed except by a contractor having a general contractor or demolition license in good
standing issued by the Division of Occupational and Professional Licensing in the Utah
Department of Commerce.
B. Salvage work under a predemolition salvage permit may be done without a
contractor's license provided all other applicable conditions of this chapter are met.
18.64.100: DEMOLITION REQUIREMENTS:
A. Prior to the commencement of any demolition or moving, the permittee shall plug
all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
excavation shall be covered until such plugging is approved by the department or by the building
official. The permittee shall further ensure all utility services to the structure and/or premises
have been shut off and meters removed prior to commencement of demolition work.
B. When the applicant indicates the demolition will require more than 30 days to
complete, and where required by the building official for the safety of the public, the applicant
shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized
persons in a manner acceptable to the building official. The building official may waive the
fencing requirement if it is determined that fencing would be inappropriate or unnecessary to
protect safety or health.
C. A permit for demolition shall require that all materials comprising part of the
existing structure(s), including the foundation and footings, be removed from the site. Unless
otherwise approved under a building permit for redevelopment of the site, the depression caused
by the removal of such debris shall be filled back and compacted to the original grade, as
approved by the building official, with fill material excluding detrimental amounts of organic
material or large dimension nonorganic material.
D. Permitted demolition work, including filling and leveling back to grade and
removal of required pedestrian walkways and fences, shall be completed within the permit period
unless the building official finds that any part of the foundation of building or site will form an
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integral part of a new structure to be erected on the same site for which plans have already been
approved by the division. In such event, the building official may approve plans for appropriate
adjustments to the completion time and may impose reasonable conditions including the posting
of a bond, erection of fences, securing, or similar preventions to ensure the site does not create a
hazard after the demolition is completed.
18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
18.64.120: VIOLATIONS:
A. It is unlawful for the owner of a building or structure to violate the provisions of
this chapter. Each day a violation occurs shall be a separate offense.
B. Violation of the provisions of this chapter shall be punishable in accordance with
Chapter 18.24.
ARTICLE II. EMERGENCY DEMOLITION
18.64.130: PURPOSE:
Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
emergency situation shall be as provided by this article.
18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
A. If the building official determines that the walls or roof of a building or structure
are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
fall on other structures, property, or public rights of way, are a public nuisance, create a danger
to persons who may enter the property, or create a danger of fire, the building official may issue
an order that the building should be demolished pursuant to this article. A notice and order
reflecting this determination shall be issued and delivered in accordance with Section 18.24.040.
B. If the city’s fire marshal determines that a building or structure that has been
affected by fire presents an impermissible danger to persons who may enter the property, then
the fire marshal may issue an order that the building should be demolished pursuant to this
article. A notice and order reflecting this determination shall be issued and delivered in
accordance with Section 18.24.040.
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C. If the building official or fire marshal declares an emergency demolition the
requirements of Section 21A.34.020.F, or its successor, shall not apply.
18.64.150: RESERVED
18.64.160: BILL FOR COSTS; COLLECTION:
A. Permitted Recovery of Costs: If the building official or designee causes the
emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
the property owner received at least 10 days’ notice in which to complete demolition and failed
to do so, the division may collect the city’s abatement costs which shall include the cost of the
demolition contractor, costs of any environmental testing or environmental controls over
demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
demolition, by filing a property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the demolition work, the
building official or designee shall prepare an itemized statement of costs and mail it to the
property owner by certified mail or using any reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
tracking service that is capable of confirming delivery addressed to the last known address of the
property owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer pursuant to Section 18.12.050.
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F. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
G. Failure to Pay After Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer, the
inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
I. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the county.
SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
It is unlawful for any person, firm or corporation to perform any act prohibited by this chapter or
to fail to perform any act or comply with any requirement of this chapter or to aid or abet therein,
or to fail or refuse to comply with any valid order called by the specified officials responsible to
administer the provisions of this chapter. No permits shall be issued to any applicant during the
time he/she shall fail to correct defective work or noncomplying work or violation exists after
written notice by the official responsible for the permit or their designee.
SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
hereby is amended as follows:
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CHAPTER 18.76
MOBILE HOME PARKS
18.76.010: DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
use by the occupant of the mobile home.
DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
connections required between the mobile home or recreational vehicle utility outlets and inlets
and the park service connections that make the mobile home or recreational vehicle operational.
MOBILE HOME: A factory assembled structure or structures equipped with the necessary
service connections and constructed to be readily mobile as a unit or units on its own running
gear, and designed to be used as a dwelling unit without a permanent foundation.
MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
city planning commission, is used for the accommodation of occupied mobile homes.
MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
the accommodation of one mobile home and its accessory buildings or structures for the
exclusive use of the occupants.
MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
prepared and reserved for the placement of one mobile home.
MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
travel, recreational and vacation use.
PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
mobile home or recreational vehicle site, to the property line connection with the sewer lateral
from the main line sewer.
PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
water supply systems within the park property lines.
PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
extend from the water meter to the mobile home or recreational vehicle water supply system, and
shall include main and branch service lines, fixtures, devices, piping in service buildings, and
appurtenances thereto.
RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
mobile home or any portion thereof.
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RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
camp trailer, a truck camper, or a motor home.
RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
recreational vehicles are parked for temporary use as living quarters.
RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
accommodate one recreational vehicle.
RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
which has been prepared and reserved for the placement of one recreational vehicle.
SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
A. Can operate independent of connections to external sewer, water and electrical
systems; and
B. Has a toilet and holding tank for liquid waste; and
C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
bath facilities connected to the holding tank; provided, however, that all facilities shall be in
sound operating condition, and further provided that it may be connected to external electric,
water and sewer systems.
SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
women and which may also have laundry facilities, flushing rim sink, and other facilities as may
be required by this title, and which shall be apart from the facilities within the mobile home or
recreational vehicle.
SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
system.
SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
ground elevation and terminates at each mobile or recreational vehicle space.
TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
highway movement permit when drawn by a motorized vehicle, and:
A. Designed as a temporary dwelling for travel, recreational and vacation use; and
B. When factory equipped for the road, having a body width of not more than 8 feet
and a body length of not more than 32 feet.
WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
connection to the water inlet connection of the mobile home or recreational vehicle.
WATER RISER PIPE: That portion of the park water supply system which extends vertically to
the ground elevation and terminates at a designated point at each mobile home or recreational
vehicle space.
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18.76.020: RESERVED
18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
It is unlawful for any person to construct, maintain or operate a mobile home or recreational
vehicle park within the limits of the city unless such person complies with this title and all other
pertinent provisions of this code, and first obtains approval, permits and licenses as required.
18.76.040: RESERVED
18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
Mobile home park construction permits required by the division shall be issued to properly
licensed contractors as follows:
A. A general building permit fee shown on the Salt Lake City consolidated fee
schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
consolidated fee schedule;
C. The park plumbing system, including sewer and water risers, shall require the fee
shown on the Salt Lake City consolidated fee schedule, for each space;
D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
the regular and normal fee schedule;
E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
Lake City consolidated fee schedule, for each hydrant.
18.76.060: RESERVED
18.76.070: RESERVED
18.76.080: LOT MARKERS:
The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
by permanent flush stakes, markers, or other suitable means.
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18.76.090: RESERVED
18.76.100: ADDITIONS AND REMODELING OF PARKS:
Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
addition or remodel conforms to all the provisions of this title.
18.76.110: RESERVED
18.76.120: RESERVED
18.76.130: RESERVED
18.76.140: RESERVED
18.76.150: UNDERGROUNDING OF UTILITIES:
The complete distribution system or collection system of any utility shall be underground.
18.76.160: SEWER CONNECTIONS AND FEES:
All applicable fees set forth in the Salt Lake City consolidated fee schedule shall be paid prior to
occupancy of any mobile home, including those fees due to the engineering department for sewer
lateral connection from the property line to the sewer main line in the street.
18.76.170: STREET SURFACING REQUIREMENTS:
All streets shall be provided with a smooth, hard and dense surface which shall be durable and
well drained under normal use and weather conditions. The surface shall be maintained free of
cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
shifting of the base.
18.76.180: STREETLIGHTS:
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Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
system. Potentially hazardous locations, such as major street intersections and steps or stepped
ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
18.76.190: LANDSCAPING:
Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
manner as to eliminate dust, weeds, debris and accumulation of rubbish.
18.76.200: UNLAWFUL AND HAZARDOUS USES:
No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
home park a mobile home which is structurally unsound, which constitutes a hazard, or which
does not protect its occupants against the elements. All mobile homes are subject to Chapter
18.50.
18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
Whenever any mobile home is being used contrary to the provisions of this chapter, the division
may pursue such enforcement methods as permitted by this title.
18.76.220: ENFORCEMENT OF PROVISIONS:
The division is hereby designated and authorized as the officers charged with the enforcement of
this chapter.
SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.80
PARKING LOT CONSTRUCTION
18.80.010: PARKING LOT DEFINED:
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"Parking lot" means an open area other than a street used for the parking of more than four (4)
automobiles, and available for public use, whether free, for compensation, or as an
accommodation for clients or customers.
18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
No parking lot or parking area shall be constructed without first obtaining a permit authorizing
such construction. No permit shall be issued without first securing the recommendations of the
city transportation engineer and no permit shall be issued until the applicant has complied with
the provisions of this chapter.
18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
along the street side, to limit points of ingress and egress, to prevent encroachment of parked
vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
or guardrail.
18.80.040: DRIVEWAY RESTRICTIONS:
Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
driveways must be separated by an island at least twelve feet (12') in width; and driveways must
be at least ten feet (10') from the property line of any intersecting street.
18.80.050: BUILDINGS FOR ATTENDANTS:
Attendant buildings must be located far enough from the entrance to prevent congestion at the
sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
or relocating an attendant building, shall secure the approval of the city transportation engineer
and the city planning director.
18.80.060: SURFACING OF PARKING AREA:
Ground surfaces of the parking area shall be paved or hard surfaced.
18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
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Parking lots which are operated and open to use during the hours of darkness after one hour after
sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
fluorescent light source, but in no event less than 0.2 foot-candle average maintained
illumination on the entire parking lot surface and an average ratio of six to one (6:1).
18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
successor, and before altering or adding to any lighting facilities presently existing, the operator
of a parking lot shall first make application to the building official for a permit, and shall submit
with such application a detailed plan for such facilities. If it shall be found that the installation
will conform to the requirements of this chapter and the electrical code, a permit shall be issued
upon payment of the fee required by the electrical code covering work in commercial and
industrial property.
18.80.090: CAR CAPACITY AND MANEUVERING:
The maximum car capacity indicated on the application shall be reasonable, and the arrangement
of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
parkways, roadways or thoroughfares in conducting parking and unparking operations.
18.80.100: CLEANUP OF WASTE AND LITTER:
Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
clear the parking lot from refuse and waste material once each day.
18.80.110: ENFORCEMENT OF PROVISIONS:
It shall be the duty of the building official to enforce the provisions of this chapter with respect to
lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
chapter as to keeping the premises in a clean condition.
18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
chapter.
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SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.92
BUILDING CONSERVATION CODE
18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
REFERENCE:
The uniform code for building conservation, 1988 edition, is adopted by the city as the
ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
public in the office of the city recorder.
18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
The exception to section 402(d) of the code is amended to read as follows:
Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
above may be continued when the corridors and common areas are protected with an approved
automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
supply system, provided the system is of adequate pressure, capacity and sizing for the combined
domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
floor or building must be protected with an approved automatic sprinkler system throughout.
18.92.030: SECTION 403 AMENDED:
Section 403 of the code is amended by deleting the following sentence:
Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
capable of resisting the forces and loads specified in chapter 23 of the building code.
18.92.040: EXCEPTION ADDED TO SECTION 606(1):
An exception to section 606(1) is enacted to read as follows:
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Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
retardant paint or finish when an automatic fire extinguishing system is installed throughout and
the nonconforming materials can be substantiated as historic in character.
SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
CHAPTER 18.94
COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
18.94.010: PURPOSE:
The purpose of this chapter is to promote long-term economic development in Salt Lake City
through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
pollution and greenhouse gas emissions resulting from energy consumption in such buildings
through increased energy efficiency, by requiring certain non-residential buildings to benchmark
and report energy consumption and investigate opportunities to implement cost-effective
building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
cleaner environment and a more efficient use of energy resources.
18.94.020: SCOPE:
The provisions of this chapter apply to buildings and building owners as follows:
A. All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
provided, however, no building with less than twenty two thousand (22,000) square feet of gross
floor area shall be subject to the provisions of section 18.94.080 of this chapter.
B. All other governed buildings or campuses of buildings that are not used for
residential purposes within Salt Lake City's geographic boundaries, where at least one of the
buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
To the extent a governed building contains elements or uses that are not included within the
definition of a governed building under this chapter, the square footage of gross floor area of
such elements or uses shall be excluded from the square footage of gross floor area of such
building and shall not be considered a part of the governed building for purposes of this chapter.
C. Exemptions:
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1. Governed buildings that are new construction and the Certificate of
Occupation was issued less than two (2) years prior to the applicable deadlines; or
2. Governed buildings that do not have a Certificate of Occupation or
temporary Certificate of Occupation for all twelve (12) months of the calendar year being
benchmarked; or
3. Governed buildings where a full demolition permit has been issued for the
prior calendar year, provided that demolition work has commenced, some energy-related
systems have been compromised, and legal occupancy is no longer possible at some point
during the calendar year being benchmarked; or
4. Governed buildings, including individual buildings or structures, that do
not receive utility services; or
5. Any of the following: a property or building that is not assessed ad
valorem real property taxes by Salt Lake County, houses of worship, apartments,
agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
buildings that contain movie/television/radio production studios, soundstages, broadcast
antennae, data center, or trading floor that together exceed ten percent (10%) of gross
floor area.
D. Governed buildings do not include properties owned by State or Federal
government.
18.94.030: DEFINITIONS:
BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
a specific function and that are controlled and operated by the owner or designee, including:
A. The building envelope;
B. The HVAC (heating ventilating and air conditioning) systems;
C. Conveying systems;
D. Electrical and lighting systems;
E. Domestic hot water systems.
BENCHMARK: To track and report the total energy consumed for a governed building for the
previous calendar year and other descriptive information for such building as captured by the
benchmarking tool. Total energy consumption may not include separately metered uses that are
not integral to building operations, such as broadcast antennas and electric vehicle charging
stations.
BENCHMARKING SUBMISSION: A subset of:
A. Information input into the benchmarking tool; and
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B. Benchmarking information generated by the benchmarking tool.
BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
Director.
BUILDING ID NUMBER: The identification number that is unique to a governed building.
BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
security systems, including an energy management system, incorporating interior temperature
sensors and a central processing unit and controls, which are used to monitor and control gas,
steam and oil usage, as applicable.
CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
cohesive property with a single shared primary function, and are generally owned and operated
by the same party.
CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code.
DEPARTMENT: The Salt Lake City Department of Sustainability.
DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
Environmental Protection Agency to track and assess the relative energy performance of
buildings nationwide.
ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
manager tool.
FINANCIAL HARDSHIP: A property that:
A. Had arrears of property taxes or water or wastewater charges that resulted in the
property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
B. Has a court appointed receiver in control of the property due to financial distress;
or
C. Is owned by a financial institution through default by the borrower; or
D. Has been acquired by a deed in lieu of foreclosure; or
E. Has a senior mortgage subject to a notice of default.
GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
commercial use, including:
A. Banking/financial services;
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B. Stand-alone data centers;
C. Education (including K - 12, daycare, pre- school, vocational school);
D. Entertainment/public assembly (including convention centers, gyms, movie
theaters, performing arts, meeting halls, recreation centers);
E. Food sales and services (including restaurants, supermarkets, grocery stores,
convenience stores);
F. Healthcare (including hospitals, medical offices, senior care communities,
assisted living and nursing care);
G. Lodging (including hotels, motels);
H. Mixed use;
I. Offices;
J. Retail (including retail goods establishments, retail service establishments,
department stores, mass merchandising stores, specialty stores, enclosed retail malls and
shopping centers);
K. Technology/science (including data centers and research facilities);
L. Warehouses, distribution, and package delivery facilities.
GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
and interior connected floor area devoted to accessory uses. Gross floor area does not include
balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
areas, and covered walkways.
HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
OWNER: Any of the following:
A. An individual or entity possessing title to a governed property;
B. The net lessee in the case of a property subject to a triple net lease with a single
tenant;
C. The Board of Managers in the case of a nonresidential condominium;
D. An agent or party duly authorized to act on behalf of the owner.
PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
building management system with analytic models; identifying problematic sensors, controls and
equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
existing buildings.
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SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
governed buildings with Energy Star scores above 50, and any portions of the submitted
benchmarking information that owner elects to be posted publicly on the department's website.
SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
the benchmarking tool and descriptive information about the governed building and its
operational characteristics, which is submitted to the department. The information shall be
limited to:
A. Descriptive information:
1. Property address;
2. Primary use type;
3. Gross floor area;
B. Output information:
1. Site electricity consumption (kWh);
2. Site natural gas consumption (therms);
3. Site energy use intensity (site EUI);
4. Weather normalized source energy use intensity (source EUI);
5. Total annual greenhouse gas emissions;
6. Water use per gross square foot (if available);
7. The Energy Star score, where available; and
C. Comparable information based on updates/revisions to Energy Star portfolio
manager.
TENANT: A person or entity occupying or holding possession of all or a portion of real
property, or all or a portion of a governed building pursuant to a rental or lease agreement.
TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
evaluates base building systems and identifies improvements to achieve optimal building
performance. This includes planning, investigation, and documentation to optimize operation,
maintenance and performance of the facility and/or its base building systems and assemblies.
TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
incentive program.
TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
provide tune-up evaluation services or who possesses other substantially similar credential to
perform a tune-up evaluation required by this chapter.
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18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
AND INITIAL COMPLIANCE DATES:
Properties Submitted
Benchmarking
Information Due
Shared
Benchmarking
Information Made
Publicly Available
Date When First
Tune-Up
Evaluation
Report Must Be
Filed
Frequency Of
Tune-Up
Evaluation
City property May 1, 2018 Sept. 1, 2018 May 1, 2020 Prior to Dec.
31 of every
fifth year
Governed
building (50,000
sq. ft. of gross
floor area or
larger)
May 1, 2019 Sept. 1, 2020 May 1, 2021 Prior to Dec.
31 of every
fifth year
Governed
building (25,000
to 49,999 sq. ft.
of gross floor
area)
May 1, 2020 Sept. 1, 2021 May 1, 2022 Prior to Dec.
31 of every
fifth year
18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
A. Governed buildings and City properties shall be benchmarked annually for the
previous calendar year according to the following schedule:
1. Each City property shall be benchmarked no later than May 1, 2018, and
every May 1 thereafter.
2. Each governed building with a gross floor area of fifty thousand (50,000)
square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
thereafter.
3. Each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
benchmarked no later than May 1, 2020, and every May 1 thereafter.
B. Below is a summary table of the first benchmarking submission compliance dates:
Properties Benchmarking Submission By
Building Owner
City property May 1, 2018
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Governed building (50,000 square feet of gross floor
area or larger)
May 1, 2019
Governed building (25,000 to 49,999 square feet of
gross floor area)
May 1, 2020
C. Benchmarking shall be performed and/or verified by the owner.
D. Before making a benchmarking submission the owner shall run all automated data
quality checker functions available within the benchmarking tool, and shall correct all missing or
incorrect information identified.
E. If the current owner receives notification from the City that any information
reported as part of the benchmarking submission is inaccurate or incomplete, the information so
reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
updated benchmarking submission to the Director within sixty (60) days of the notification.
F. Exceptions:
1. Governed buildings whose average occupancy throughout the calendar
year for which benchmarking is required is less than sixty percent (60%); or
2. Governed buildings under financial hardship; or
3. Due to special circumstances unique to the applicant's facility and not
based on a condition caused by actions of the applicant, strict compliance with provisions
of this chapter would cause undue hardship or would not be in the public interest; or
4. An owner is unable to benchmark due to the failure of either a utility
provider or a tenant (or both) to report the information necessary for the owner to
complete any benchmarking submittal requirement.
G. For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the department in the
year prior to the due date for the benchmarking submission, establishing that the governed
building qualifies for such an exception.
H. A randomly-selected subset of benchmarking submission not to exceed ten
percent (10%) of the total benchmarking submissions completed in a given year may be subject
to verification by the City. Such reviews shall be conducted in a way so as to preserve the
anonymity of individual properties and shall be conducted at no cost to the owner.
I. An owner may make a claim of confidentiality for any submitted benchmarking
information pursuant to the limitations under State law.
18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
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A. The City shall make accessible to the public the shared benchmarking information
for the previous calendar year.
1. For each governed building with a gross floor area of fifty thousand
(50,000) square feet or more, on or about September 1, 2020, and on or about each
September 1 thereafter.
2. For each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
about September 1, 2021, and each September 1 thereafter.
B. The department may, upon request, make available the submitted benchmarking
information for the previous calendar year for an individual City property or governed building.
18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
OWNER:
A. Each tenant occupying a governed building shall, within sixty (60) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this chapter.
18.94.080: TUNE-UP EVALUATIONS REQUIRED:
A. Required: Tune-up evaluations are required for governed buildings and City
properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
determined by the utility offering the incentive program and that have an Energy Star score of 49
and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
required.
B. Report: The owner shall conduct a tune-up evaluation of the base building
systems of a qualifying governed building and file a tune-up evaluation report prior to December
31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
be determined by the last digit of the property's tax ID number as illustrated below, and
subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
year thereafter:
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
0 2021 2022
1 2021 2022
2 2022 2023
3 2022 2023
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4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
C. Report Submission: The owner shall submit the tune-up evaluation report to the
City.
D. Exceptions: Tune-up evaluations are not required if any of the following are met:
1. If the governed building is less than five (5) years old; or
2. If a registered design professional or tune-up professional certifies that:
a. The governed building has an Energy Star score of 50 or above for
the year prior to the first tune-up due date or for at least two (2) of the three (3)
years preceding the due date of the governed building's tune-up evaluation report.
b. There is no Energy Star rating for the building type and owner
submits documentation that the property's energy performance is better than the
energy performance of an average building of its type for two (2) of the three (3)
years preceding the due date of the governed building's tune-up report.
c. The governed building has received certification under the most
recent LEED 2009 rating system for existing buildings or operation and
maintenance, or existing buildings version 4 rating system or future iterations of
LEED published by the U.S. Green Building Council or other substantially
similar rating systems for existing buildings, for at least two (2) of the three (3)
years preceding the due date for the governed building's tune-up evaluation
reports.
d. The governed building has performed a tune-up evaluation within
the past five (5) years prior to the tune-up evaluation due date.
3. If the governed building has a persistent commissioning program in place.
For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the
department in the year prior to the due date for the tune-up report, establishing
that the governed building qualifies for such an exception.
E. Verification: A randomly-selected subset of tune-up evaluation reports not to
exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
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be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
the anonymity of individual properties and shall be conducted at no cost to the owner.
18.94.090: NOTIFICATION:
A. Between January 1 and March 1 of each year during which an owner is required
to provide a benchmarking submission, the Director shall notify these owners of their obligation
to benchmark performance for the previous calendar year through whatever means the Director
so chooses.
18.94.100: VIOLATIONS AND ENFORCEMENT:
A. If the Director determines that an owner has failed to comply with the
requirements of this chapter or the owner submits incomplete or false information, the Director
may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
such noncompliance within ninety (90) days after each notice of violation. After the third written
notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
18.94.110: APPEALS PROCESS:
A. Any owner affected by the Director's determination related to that owner's
property regarding enforcement of this chapter may request, within thirty (30) days of owner's
written notification of the Director's determination, in writing filed with the department, an
appeal hearing before the Board of Appeals and Examiners, established under this title.
SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
Funded Construction) shall be, and hereby is amended as follows:
CHAPTER 18.95
USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
18.95.010: PURPOSE:
The purpose of this chapter is to promote development consistent with sound environmental
practices by requiring, subject to Sections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
that applicable building projects constructed with city construction funds obtain, at a minimum:
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a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
that receive city funds. These designations shall be from the "USGBC" as defined herein.
18.95.020: DEFINITIONS:
As used in this chapter:
APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
multi-family residential, or municipal building that will contain more than 10,000 square feet of
occupied space when the design contract for such project commences on or after November 17,
2006.
CERTIFIED: The level of compliance with the leadership in energy and environmental design
(LEED) standards designated as "certified" by the United States Green Building Council
(USGBC).
CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to Subsection
3.24.040A or that employee's designee pursuant to Section 3.24.050.
CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
city council for use by any person or city department in order to construct an applicable building
project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
apply to the funds of the library or redevelopment agency.
CITY ENGINEER: The city employee designated pursuant to Section 2.08.080 of this code or
that employee's designee pursuant to Section 3.24.050.
LEED STANDARD: The leadership in energy and environmental design (LEED) green building
rating system for new construction and major renovations (LEED-NC) as adopted in November
2002 and revised in November 2005, the LEED green building rating system for commercial
interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
2004 and updated in July 2005.
MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
with new walls, ceilings, floors and systems, when such work affects more than 25% of the
building's square footage, and the affected space is at least 10,000 square feet or larger.
SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
described in Section 18.95.110.
TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for 5
years or less or any existing building that at the time it was constructed was intended to be in
existence for 5 years or less.
USGBC: The organization known as the United States green building council.
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18.95.030: APPLICATION:
Whenever city construction funds are used for an applicable building project, such project shall
at a minimum obtain a silver certification by the USGBC in the case of a city owned building
project or certified certification in the case of all other projects, subject to the exceptions,
waivers, and determinations of substantial compliance provided for in this chapter.
18.95.040: EXCEPTIONS:
The provisions of this chapter shall not apply if the building official and either the chief
procurement officer or the city engineer jointly determine in writing that any of the following
circumstances exist:
A. The applicable building project will serve a specialized, limited function, such as
a pump station, garage, storage building, equipment area, or other similar area, or a single-
family residence;
B. The applicable building project is intended to be a temporary structure;
C. The useful life of the applicable building project does not justify whatever
additional expense would be incurred to increase the building's long term efficiency;
D. The application of LEED standard factors will increase construction costs beyond
the funding capacity for the project, or will require that the project's scope of work or
programmatic needs be diminished to meet budget constraints;
E. The use of LEED standard factors will create an impediment to construction due
to conflicts of laws, building code requirements, federal or state grant funding requirements, or
other similar requirements;
F. LEED factors are not reasonably attainable due to the nature of the facilities or the
schedule for construction; or
G. LEED certification will violate any other federal, state or local law, including,
without limitation, other sections of this code.
If an exception is granted, the developer must agree to integrate green building practices into the
design and construction of the project to the maximum extent possible and feasible. A
determination that an exception does not apply may be appealed in accordance with Chapter
18.12.
18.95.050: WAIVERS:
The denial of an exception pursuant to Section 18.95.040 of this chapter does not preclude an
application for waiver pursuant to this section. The board shall have the authority to grant a
waiver from the requirements of this chapter only if it makes the following findings in writing:
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A. Literal enforcement of this chapter would cause unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this chapter;
B. There are special circumstances attached to the project that do not generally apply
to other projects that are subject to this chapter;
C. The waiver would not have a substantially negative effect on the master plans,
policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
D. Any asserted economic hardship is not self-imposed; and
E. The spirit of this chapter will be observed and substantial justice done.
18.95.060: APPEAL OF CITY DECISIONS:
Appeals of decisions by the building official or enforcement officials pursuant to this chapter
shall be taken in accordance with Chapter 18.12.
18.95.070: RESERVED
18.95.080: REQUIRED DEPOSIT:
All private sector developers, excluding nonprofit developers, who receive city funds for
applicable building projects shall submit a $10,000.00 "good faith" deposit with the city which
shall be refunded upon the building project receiving the applicable level of LEED certification
or after a determination of substantial compliance.
18.95.090: PROOF OF REGISTRATION:
Within 30 days from receiving notice that the city will fund an applicable building project, all
private sector developers shall submit written proof that said project is registered with the
USGBC. City funds will not be dispersed until the required deposit under Section 18.95.080 and
the proof of registration under this section are received by the city.
18.95.100: REQUEST FOR EXTENSION:
If a project is not LEED certified or has not been granted a determination of substantial
compliance within one year after a temporary certificate of occupancy is issued by the city, then
a private sector developer must file a written application with the city for an extension to obtain
LEED certification. Said application must be filed with the city no later than 395 days after the
date on which the certificate of occupancy was issued by the city. The city may grant a one year
extension pursuant to this section and any additional extensions as may be necessary so long as a
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private sector developer is actively pursuing LEED certification. Extensions pursuant to this
section shall begin on the date granted by the city.
18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
certification stated therein. If certification is not received from the USGBC or is not at the level
required by this chapter, a private sector developer may request that the city issue a
determination that the project has substantially complied with this chapter upon a reasonable
demonstration that such project as constructed is consistent with the intent of this chapter and
that strict enforcement of this chapter would create an unreasonable burden in light of the needs
of such project, the ability of the project owner to control cost increases, and other relevant
circumstances. The request for determination of substantial compliance must contain the
following information:
A. Final LEED certification application, documentation, and response from the
USGBC;
B. An explanation of the efforts and accomplishments made by the private sector
developer to achieve compliance with this chapter;
C. An explanation of the practical or economic infeasibility of implementing certain
high performance building design or construction techniques that, if implemented, would
otherwise have likely resulted in certification; and
D. Any other supporting documents the private sector developer wishes to submit.
18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
The building official and either the chief procurement officer or the city engineer shall review
within 60 days of receipt of a request for determination of substantial compliance and shall
approve or deny the request based on the good faith efforts of the private sector developer to
comply with this chapter. In making a determination of the good faith efforts, review of the
request shall include whether the private sector developer has established the following:
A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
were taken; and
B. That compliance would otherwise have been obtained but for the practical or
economic infeasibility of implementing high performance building design or construction
techniques.
In making any such determination, cost increases due solely to aesthetic elements shall not
constitute any part of a demonstration of unreasonable burden. A determination of substantial
compliance pursuant to this section shall satisfy Section 18.95.030.
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If the request for determination of substantial compliance is denied, the private sector developer
will be deemed to have not satisfied Section 18.95.030 and shall forfeit the "good faith" deposit
under Section 18.95.080 and may be assessed an additional penalty up to the amount originally
funded by the city. Any penalty assessed shall be offset by the "good faith" deposit.
18.95.130: PENALTY:
Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
pursuant to Section 18.95.100 of this chapter, or c) receive a determination of substantial
compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
design credits. Given that a total of 26 LEED design credits are required for certification, the
additional penalty shall be based on the following considerations:
A. If the city determines that a project could have reasonably received 21-25 LEED
credits, then the private sector developer shall pay the city up to 25% of the amount originally
funded.
B. If the city determines that a project could have reasonably received 16-20 LEED
credits, then the private sector developer shall pay the city up to 50% of the amount originally
funded.
C. If the city determines that a project could have reasonably received 6-15 LEED
credits, then the private sector developer shall pay the city up to 75% of the amount originally
funded.
D. If the city determines that a project could have reasonably received 0-5 LEED
credits, then the private sector developer shall pay the city up to 100% of the amount originally
funded.
Failure to pay a penalty within 90 days of written notice from the city shall result in a lien
against the project.
18.95.140: RULE MAKING AUTHORIZATION:
The building official and either the chief procurement officer or the city engineer are authorized
to issue administrative rules under this chapter.
18.95.150: ADMINISTRATIVE INTERPRETATIONS:
Pursuant to the authority granted under Subsection 18.08.040K, the building official may render
interpretations of this chapter. Such interpretations shall conform with the intent and purpose of
this chapter, and shall be made available in writing for public inspection upon request.
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18.95.160: LIMITATIONS:
Nothing required under this chapter shall supersede any federal, state or local law, including,
without limitation, other provisions of this code; or any contract, grant, or other funding
requirement; or other standards or restrictions that may otherwise apply to an applicable building
project. This chapter shall not apply whenever its application would disadvantage the city in
obtaining federal funds.
SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
amended as follows:
CHAPTER 18.96
FIT PREMISES
18.96.010: TITLE:
This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
The following arrangements are not governed by this chapter:
A. Residence at a detention, medical, geriatric, educational, counseling, or religious
institution;
B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
purchaser;
C. Occupancy by a member of a fraternal or social organization in a building
operated for the benefit of the organization;
D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
"SRO" means an existing housing unit with one combined sleeping and living room of at least 70
square feet, but of not more than 220 square feet, where the usual tenancy or occupancy of the
same unit by the same person or persons is for a period of longer than one week. Such units may
include a kitchen and a private bath; and
E. Occupancy by an owner of a condominium unit.
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18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
A. A property owner, or any person authorized to enter into an oral or written rental
agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy the name, address and telephone number of:
1. The owner or person authorized to manage the premises; and
2. A local person authorized to act for and on behalf of the owner for the
purpose of receiving notices and demands, and performing the property owner's
obligations under this chapter and the rental agreement if the owner or manager reside
outside of Salt Lake City.
B. A person who enters into a rental agreement as “landlord”, “property manager” or
the like, and fails to comply with the requirements of this section becomes an agent of the
property owner for the purposes of:
1. Receipt of notices under this chapter; and
2. Performing the obligations of the property owner under this chapter and
under the rental agreement.
C. The information required to be furnished by this section shall be kept current.
This section is enforceable against any successor property owner, owner, or manager.
D. Every rental property with more than one unit rented without a written agreement
shall have a notice posted in a conspicuous place with the name, address and telephone number
of the owner or manager and local agent as required by subsection A of this section.
18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
condition of the premises, a list of all appliances and furnishings and a summary of this chapter
shall be given to each tenant at the time the rental agreement is entered into. The summary shall
be prepared by the city for the purpose of fairly setting forth the material provisions of this
chapter and shall include information about mediation resources in the Salt Lake City area and
shall encourage property owners and tenants to take advantage of mediation services. The
property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
documents have been provided to the tenant. Such acknowledgment shall be returned to the
property owner no later than 3 days after the tenant takes possession of the dwelling unit.
Before entering into a rental agreement, the property owner shall disclose to the tenant any
current notice by a utility provider to terminate water, gas, electrical or other utility service to the
dwelling unit or to common areas of the building, the proposed date of termination, and any
current uncorrected building or health code violation included in a deficiency list or notice from
the division or any other government entity.
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B. By explicit written agreement, a property owner and a tenant may establish a
procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
and deducts the cost of the repairs from the rent due and owing.
C. A property owner may allocate any duties to the tenant by explicit written
agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
DWELLING UNIT:
A property owner shall:
A. Comply with the requirements of applicable building, housing and health codes
and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
occupancy;
B. Maintain the structural integrity of the building;
C. Maintain floors in compliance with safe load bearing requirements;
D. Provide exits, emergency egress, and light and ventilation in compliance with
applicable codes;
E. Maintain stairways, porches, walkways and fire escapes in sound condition;
F. Provide smoke detectors and fire extinguisher as required by code;
G. Provide operable sinks, toilets, tubs and/or showers;
H. Provide heating facilities as required by code;
I. Provide kitchen facilities as required;
J. Provide running water;
K. Provide adequate hall and stairway lighting;
L. Maintain floors, walls and ceilings in good condition;
M. Supply window screens where required by code;
N. Maintain foundation, masonry, chimneys, water heater and furnace in good
working condition;
O. Prevent the accumulation of stagnant water in the interior of any premises;
P. Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
property owner as required by applicable codes;
Q. Provide and maintain appropriate garbage receptacles and arrange for timely
garbage removal as required by code;
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R. Supply electricity, and hot water at all times and heat during at least the months of
October through April and as weather conditions might otherwise reasonably warrant, except
where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
control of the tenant and supplied by a direct public utility connection;
S. Once proof of pest infestation has been established, be responsible for initiation of
pest control measures. In no instance shall a property owner be required to apply pesticides
contrary to label directions;
T. Not interrupt or disconnect utility service;
U. Provide adequate locks to exterior doors and furnish keys to tenants as required
by applicable codes;
V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
as required by the building and housing and Utah state energy conservation codes;
W. Provide for and protect each tenant's peaceful enjoyment of the premises;
X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
premises;
Y. Provide a mailbox; and
Z. Provide separate meters for each tenant for gas and electricity or include charges
for utility services in the rent.
18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
A tenant shall:
A. Comply with all appropriate requirements of the rental agreement and applicable
provisions of building, housing and health codes;
B. Maintain the premises occupied in a clean and safe condition and not
unreasonably burden any common area;
C. Dispose of all garbage and other waste in a clean and safe manner and avoid
leaving garbage or litter in hallways, porches, patios and other common areas;
D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
in a reasonable manner;
F. Not destroy, deface, damage, impair or remove any part of the premises or
knowingly permit any person to do so;
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G. Promptly inform the property owner of any defective conditions or problems at
the premises;
H. Not interfere with the peaceful enjoyment of the residential rental unit of another
renter;
I. Upon vacation, restore the premises to their initial condition except for reasonable
wear and tear or conditions caused by the property owner;
J. Be current on all payments required by the rental agreement and this chapter;
K. Not increase the number of occupants above that specified in the rental agreement
without written permission of the owners;
L. Not modify or paint the premises without the express written permission of the
property owner/agent;
M. Dispose of oil, car batteries, and other hazardous waste materials away from the
rental premises, and in a manner prescribed by federal and local laws; and
N. Not require the owner to correct or remedy any condition caused by the renter, the
renter's family or the renter's guests or invites by inappropriate use of the property during the
rental term or any extension of it.
18.96.070: RULES AND REGULATIONS:
A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
the premises which become a part of the rental agreement if they apply to all tenants in the
premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
modified from time to time by the property owner. However, no rule adopted after the
commencement of any rental agreement shall substantially modify the existing terms, conditions
or rules without written consent of the tenant.
18.96.080: ACCESS:
A. A tenant shall not unreasonably withhold consent to the property owner to enter
into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
B. A property owner may enter the dwelling unit without consent of the tenant in
case of emergency.
C. Except in case of emergency the property owner shall give the tenant at least 24
hours' notice of plans to enter and may enter only between 8:00 A.M. and 10:00 P.M.
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D. A property owner has no other right of access except:
1. Pursuant to court order;
2. To make repairs requested by the tenant pursuant to Sections 18.96.110
and 18.96.120 of this chapter;
3. To make repairs ordered by the division pursuant to this title; or
4. If the tenant has abandoned the premises as defined in Section 78B-6-814,
Utah Code, or any successor provision.
18.96.090: RESERVED
18.96.100: RESERVED
18.96.110: REPAIR OF SPECIFIED FAILURES:
In the event of the failures specified below, which are not due to the unavailability of utility
service, the property owner shall take reasonable steps to begin repairing the failures promptly
after receipt of written notice of the failure delivered in accordance with Section 18.50.100, and
shall remedy such failure within the period set forth in the notice and order issued by the
inspector:
A. Inoperable toilet
B. Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
C. Inoperable refrigerator or cooking range or stove
D. Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
E. Inoperable electric fixture
F. Broken exterior door or inoperable or missing exterior door lock
G. Broken window with missing glass
H. Inoperable exterior lighting
I. Broken stair or balustrade
J. Inoperable or missing smoke detector required by code
K. Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
L. Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
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M. Broken or leaking water pipes causing an imminent threat to life, safety or
health
N. Other broken or leaking water pipes
O. Disconnection of electrical, water or natural gas service caused by property
owner
The division shall establish repair period standards based on the severity of the failures identified
above. The tenant shall grant the property owner reasonable access to perform the repairs
required in this section.
18.96.120: VIOLATIONS
Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.
18.96.130: RETALIATORY CONDUCT PROHIBITED:
A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
property owner may not terminate a rental agreement or bring or threaten to bring an eviction
action because the tenant has in good faith:
1. Complained of code violations at the premises to a governmental agency,
elected representative or public official charged with responsibility for enforcement of a
building, housing, health or similar code;
2. Complained of a building, housing, health or similar code violation or an
illegal property owner practice to a community organization or the news media;
3. Sought the assistance of a community organization or the news media to
remedy code violation or illegal property owner practice;
4. Requested the property owner to make repairs to the premises as required
by this chapter, a building or health code, other regulation, or the residential rental
agreement;
5. Become a member of a tenants' union or similar organization;
6. Testified in any court or administrative proceeding concerning the
condition of the premises; or
7. Exercised any right or remedy provided by law.
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SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
follows:
21A.20.010: RESERVED
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
A civil enforcement officer may investigate any complaint alleging a violation of this title and
take such action as is warranted in accordance with the procedures set forth in this chapter.
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. If the civil enforcement officer finds that any provision of this title is being
violated, the civil enforcement officer may provide a written warning notice to the property
owner and any other person determined to be responsible for such violation. The written notice
shall indicate the nature of the violation and order the action necessary to correct it. Additional
written notices may be provided at the civil enforcement officer's discretion.
B. The written warning notice shall state what action the building services division
intends to take if the violation is not corrected. The written notice shall include information
regarding the established warning period for the indicated violations and shall serve to start any
warning periods provided in this chapter.
C. Such written warning notice issued by the civil enforcement officer, if issued,
shall be deemed delivered when:
1. A copy of the written notice is posted on the property where said violation(s)
occur, and
2. The written notice is either:
a. Mailed certified mail or using any reputable mail tracking service that is
capable of confirming delivery to the property owner at the last known address appearing
on the records of the Salt Lake County Recorder and any other person determined to be
responsible for such violation, at their last known address, or
b. Personally served upon the property owner and any other person
determined to be responsible for such violation.
D. In cases when delay in enforcement would seriously threaten the effective
enforcement of this title, or pose a danger to the public health, safety or welfare, the civil
enforcement officer may seek enforcement without issuing a warning notice and may proceed
directly to issuing a notice and order as set forth in Subpart E.
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E. Upon discovery of a violation of this title, or if the violation remains uncorrected
after expiration of the warning period set forth in the warning notice, if issued, the civil
enforcement officer may issue a notice and order.
1. The written notice and order shall state:
a. The name and address, if known, of the responsible party;
b. The date and location of each violation;
c. The code sections violated;
d. That the violations must be corrected;
e. Provide a specific date by which the enforcement official orders
that the violations be corrected by;
f. The amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if the violation
is not corrected by the date specified;
g. Identification of the right to and procedure to appeal; and
h. The signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the responsible
party is the property owner of record, then mailing shall be to the last known
address appearing on the records of the Salt Lake County Recorder. If the
responsible party is any other person or entity other than the owner of record, then
mailing shall be to the last known address of the responsible party on file with the
city.
c. Notwithstanding the foregoing, personal service upon the
responsible party shall be sufficient to meet the notice and order service
requirements of this Subsection 21A.20.030.E.2.b.
F. Following the issuance of a notice and order, any responsible party shall correct
the violations specified in the notice and order. Upon correction of the violations specified in the
notice and order, the responsible party shall contact the enforcement official identified in the
notice and order to request an inspection of the property.
G. If one or more violations are not corrected by the deadline specified in the notice
and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
to Subsection E.
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H. The responsible party shall have the right to contest the notice and order at an
administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
right to appeal.
I. Upon expiration of the citation period set forth in a notice and order, and where
the violation(s) remain uncorrected, the city may record on the noncompliant property with the
Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
merely place interested parties on notice of any continuing violation of this title at the
noncompliant property. If a notice of noncompliance has been recorded and the enforcement
official later determines that all violations identified in the notice of noncompliance have been
corrected, the enforcement official shall issue a notice of compliance by recording the notice of
compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
J. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
21A.20.040: CIVIL FINES:
A. General: If the violations are not corrected by the citation deadline, civil fines shall
accrue at $50 a day per violation for those properties legally used for purposes that are
solely residential uses, and $200 a day per violation for those properties used for
purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
C. Failure to obtain certificate of appropriateness pursuant to Section 21A.34.020: For
development or any building activity on properties subject to Section 21A.34.020 without
a certificate of appropriateness, if such violation is not corrected by the citation deadline,
civil fines shall accrue at $50 per day, except that the fine for full or partial demolition of
a contributing structure or landmark site without a certificate of appropriateness shall be
$250 per day.
21A.20.050: DAILY VIOLATIONS:
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Each day a violation continues after the citation deadline shall be considered a separate offense
and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
21A.20.060: COMPLIANCE:
The city may use such lawful means as are available to obtain compliance with the provisions of
this title and to collect the civil fines that accrue as a result of the violation of the provisions of
this title, including a legal action to obtain one or more of the following: an injunction, an order
of mandamus, an order requiring the property owner or occupant to abate the violations, an order
permitting the city to enter the property to abate the violations, and a judgment in the amount of
the civil fines accrued for the violation, including costs and attorney fees. The city has sole
discretion over which remedy or combination of remedies it may choose to pursue.
Violations of the provisions of this title or failure to comply with any of its requirements are
punishable as a Class C misdemeanor upon conviction.
21A.20.070: RECURRING VIOLATIONS:
In the case where a violation, which had been corrected, reoccurs at the same property within 6
months of the initial correction and is due to the actions or inactions of the same person or
property owner as the prior violation(s), the building services division may begin enforcement of
said recurring violation by sending by certified mail or reputable mail tracking service that is
capable of confirming delivery a notice and order in the form described in Subsection
21A.20.030.E of this chapter. Civil fines set forth in Section 21A.020.040 of this chapter will
begin accruing if the violation is not remedied within 10 calendar days of the citation deadline
contained in that notice.
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed
pursuant to this chapter. As set forth in this section, the fines hearing officer may reduce civil
fines and approve civil fine payment schedules.
B. Right to Appear: Any person receiving a notice of violation may appear before a
fines hearing officer to appeal the amount of the civil fine imposed by submitting a civil fine
appeal on a form provided by the building services division. However, no party may appear
before a fines hearing officer until violations from which the civil fines stemmed have been
corrected and a notice of compliance has been issued. Appeals to a fines hearing officer
contesting the amount of the civil fine imposed, must be filed within 30 days from the date of the
notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any person cited to correct the violation or make payment of
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subsequently accrued civil fines nor shall it require the city to reissue any of the notices required
by this chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected from which the civil fines stemmed and if any of
the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment
and correction of landscaping violations may be abated from October 15 through the next
April 1, or such other times as caused by weather conditions adverse to successful
landscaping;
2. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
3. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
4. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after the first or second notice was issued and the
new property owner is not related by blood, marriage or common ownership to the prior
owner; or
5. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Payment Schedule: At the request of a person subject to civil fines governed by
this chapter, the fines hearing officer may approve a payment schedule for the delayed or
periodic payment of the applicable civil fine to accommodate the person's unique circumstances
or ability to pay.
F. Failure to Submit Payment on Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person owing civil fines to submit any
two (2) payments as scheduled shall cause the entire amount of the original civil fine to become
immediately due.
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
A. If the city obtains a court order permitting entry on the property for the purpose of
abating zoning violations, the building services division shall provide written notice of that order
to the property owner of record at the address on file with the Salt Lake County Recorder.
B. The notice shall: 1) identify the property owner of record according to the records
of the Salt Lake County Recorder, 2) describe the property and the violations the court order
permits the building services division to enter the property to abate, 3) attach a copy of the court
order, and (4) inform the property owner when the abatement is scheduled to occur.
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C. Notice may be delivered in person, or by certified mail, or by reputable mail
tracking service that is capable of confirming delivery, if mailed to the last known address of the
property owner according to the records of the Salt Lake County Recorder.
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
A. If the building services division or an agent thereof enters a property to abate a
violation pursuant to a court order, as set forth in Section 21A.20.090 of this chapter, the
building services division may collect the cost of that abatement, by filing a property tax lien, as
set forth in this section.
B. Upon completion of abatement work, the building services division shall prepare
an itemized statement of costs and mail it to the property owner by certified mail or by any
reputable mail tracking service that is capable of confirming delivery, demanding payment
within 30 days of the date the statement is post marked.
C. The itemized statement of costs shall:
1. Include:
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the building services
division, including administrative costs;
c. A demand for payment; and
d. The address where payment is to be made;
2. Notify the property owner:
a. That failure to timely pay the expenses described in the itemized
statement may result in a lien on the property in accordance with this chapter and
Utah Code section 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part
of the statement within 20 days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the
name of the office and the mailing address.
D. The itemized statement of costs described in subsection C of this section shall be
deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
capable of confirming delivery addressed to the last known address of the property owner,
according to the records of the Salt Lake County Recorder.
E. If the property owner files a timely objection, the building services division will
schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
the date, time, and location of the hearing.
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F. At the hearing described in subsection E of this section, a fines hearing officer
shall review and determine the actual cost of abatement incurred by the building services
division in abating the property, including administrative costs. The property owner must pay
any amount the fines hearing officer determines is due and owing to the Salt Lake City Treasurer
at the address provided in the statement of costs within 30 days of the date of the hearing.
G. If the property owner fails to make payment of the amount set forth in the
itemized statement within 30 days of the date of the mailing of that statement, or to file a timely
objection, then the building services division may certify the past due costs and expenses to the
Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-
11-4 or its successor.
H. If the property owner files a timely objection but fails to make payment of any
amount found due and owing under subsection F of this section within 30 days of the date of the
hearing, the building services division may certify the past due costs and expense to the Salt
Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4.
I. After entry by the Treasurer of the County, as set forth in subsections G and H of
this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
time of the payment of general taxes.
J. Notwithstanding any other provision in this chapter to the contrary, where the
property owner presents evidence demonstrating financial hardship to the satisfaction of the
building services division, the building services division may waive some or all administrative
fees and the actual costs incurred in abating the property if the property abated is the property
owner's principal place of residence.
SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
hereby is amended as follows:
a. Adding the definition of “CITATION DEADLINE.” That the definition of
“CITATION DEADLINE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
CITATION DEADLINE: the date identified in the notice and order to correct the
violation(s) identified therein.
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b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
definitions in alphabetical order to read as follows:
CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
Building Services, or successor division, authorized to perform civil enforcement
functions, or any duly authorized agent, representative, or designee.
c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
“NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
NOTICE OF COMPLIANCE: a written notice informing the person cited that the
violation has been corrected.
d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
CITED” be added and inserted into the list of definitions in alphabetical order to read
as follows:
PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
building or land or part thereof and any architect, builder, contractor, agent or other
person who participates in, assists, directs or creates any situation that is contrary to the
requirements of this title, and who received the notice of violation and is being held
responsible for the violation.
e. Adding the definition of “PROPERTY OWNER.” That the definition of
“PROPERTY OWNER” be added and inserted into the list of definitions in
alphabetical order to read as follows:
PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
legal title to the property at issue.
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SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
appeals board” therefrom as follows:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city boards,
commissions, councils, and committees:
Accessibility and disability commission
Airport board
Board of appeals and examiners
Business advisory board
Citizens' compensation advisory committee
City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Community recovery committee
Fire code board of appeals
Golf enterprise fund advisory board
Historic landmark commission
Housing trust fund advisory board
Human rights commission
Library board
Parks, natural lands, trails, and urban forestry advisory board
Planning commission
Public utilities advisory committee
Racial equity in policing commission
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board
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SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
entirety as follows:
2.21.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
except as otherwise set forth in this chapter. (Ord. 67-13, 2013)
2.21.020: CREATION AND MEMBERSHIP:
A. The city creates a housing advisory and appeals board ("HAAB").
B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
city in a manner providing balanced geographical, professional, neighborhood and
community representation.
C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
office. The secretary of HAAB shall be designated by the building official.
D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
any one year. Expiration of terms shall be on December 31.
2.21.030: POWERS AND AUTHORITY:
HAAB shall have the power and authority to:
A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
of this code;
C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
18.50 of this code, where strict compliance with the provisions is economically or
structurally impracticable and any approved alternative substantially accomplishes the
purpose and intent of the requirement deviated from;
D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
E. Recommend new procedures to the building official and new ordinances regarding
housing to the city council; and
F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
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2.21.040: HAAB PANELS:
Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
(5) voting members appointed by the chair. (Ord. 65-15, 2015)
SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
be, and hereby is amended as follows:
2.80.040: FUND CREATED:
There is created a restricted account within the general fund, to be designated as the "Salt Lake
City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
general fund, and the fund shall be used exclusively to assist with affordable and special
needs housing in the city. No expenditures shall be made from the fund without approval of the
city council.
A. There shall be deposited into the fund all monies received by the city, regardless
of source, which are dedicated to affordable housing and special needs housing including, but not
limited to, the following:
1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
forfeitures, donations, redevelopment tax increment income, and all other monies
dedicated to affordable and special needs housing received by the city from federal, state,
or local governments;
2. Real property contributed to or acquired by the city under other ordinances
for the purposes of preserving, developing, or restoring affordable housing;
3. Monies appropriated to the fund by the council; and
4. Contributions made specifically for this purpose from other public or
private sources.
5. CDBG, ESG, and HOPWA monies only as designated by the city's
community development advisory board and approved by the mayor and city
council, and HOME monies only as designated by the city's housing trust fund advisory
board and approved by the mayor and city council.
B. The monies in the fund shall be invested by the city treasurer in accordance with
the usual procedures for such special accounts. All interest or other earnings derived from fund
monies shall be deposited in the fund.
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SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the City: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Appeals) shall be, and hereby is amended as follows:
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must be done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
accordance with Section 18.12.050.
SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
be, and hereby is repealed in its entirety as follows:
5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
DETAILS:
A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
building official. The appellant shall state the specific order or action protested and a statement
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of the relief sought, along with the reasons why the order or action should be reversed, modified
or otherwise set aside.
B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of the person's right to an appeal.
C. Inspection Of The Premises: Before any hearing is held by a Housing Advisory
and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
of such inspection shall be given to the notified party filing the appeal, who may be present at
such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
the record the material facts observed at the inspection, which facts shall be read at the initiation
of the hearing. Failure of the notified party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal may be denied.
D. Written Notice: Written notice of the time and place of panel hearings shall be
mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
Appeals Board.
E. Appeals Hearing: Any notified party may appear personally or authorize a
designee to act in their behalf. The City and any notified party may call and examine witnesses
on any relevant matter, introduce documentary and physical evidence, and cross examine
opposing witnesses. Any relevant evidence shall be admitted.
F. Record: A record of the entire proceeding of all appellate hearings under this
section shall be made by tape recording, or by any other means of permanent recording
determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
retained on file in accordance with the City's record retention schedule.
SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
consolidated fee schedule shall be published on the official Salt Lake City website.
SECTION 29. Effective Date. That this ordinance shall become effective on the date of
its first publication.
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Passed by the City Council of Salt Lake City, Utah this ___ day of ____________ 2024.
______________________________________
CHAIRPERSON
ATTEST:
_________________________
CITY RECORDER
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
MAYOR
(SEAL)
Bill No. _______ of 2024.
Published: __________________
Ordinance amending Title 18 administration_v2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
March 11, 2024
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EXHIBIT A
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee $14,000 Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,850 Per parcel 18.48.215
Other abatement administrative cost $129 Plus actual costs 18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.250
18.48.250
Building Code Enforcement
Violation of Title 18 (except Ch. 18.50 or
Stop Work Order)
$100 18.24.030
Violation of Stop Work Order $250 18.24.040.B
Violation of Ch. 18.50
Substandard condition $50 18.50.100.D
Hazardous condition $100 18.50.100.D
Imminent danger condition $250 18.50.100.D
Appeal of a decision to the board of
appeals and examiners
$285 Add’l fee for required public notices 18.12.020