HomeMy WebLinkAboutLegislative Version Ordinance - 12/9/20241
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1 SALT LAKE CITY ORDINANCE
2 No. _____ of 202___
3
4 (An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
5 modernize the administration, enforcement, and appeals procedures applicable to the state
6 construction codes)
7
8 An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
9 modernize the administration, enforcement, and appeals procedures applicable to the state
10 construction codes pursuant to Petition No. PLNPM2023-00868.
11 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
12 public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
13 Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
14 pursuant to Petition No. PLNPM2023-00868; and
15 WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
16 transmitting a positive recommendation to the City Council on said petition; and
17 WHEREAS, after a public hearing on this matter the City Council has determined that
18 adopting this ordinance is in the city’s best interests.
19 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
20 SECTION 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
21 18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
22 Provisions) shall be, and hereby is amended as follows:
23 CHAPTER 18.04
24 ADMINISTRATION AND GENERAL PROVISIONS
25
26 18.04.010: DIVISION OF BUILDING AND HOUSING SERVICES; ADMINISTRATIVE
27 DUTIES:
28 This title establishes the duties of the division of building and housing services.
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29
30 18.04.020: DEFINITIONS:
31 A. Where undefined terms are used in this title, the definitions of "Webster's
32 Unabridged Collegiate Dictionary" shall apply.
33 B. In addition thereto, aAll words and phrases defined in this section chapter shall be
34 given such defined meanings wherever used in this title, including the following:
35 BUILDING OFFICIAL: Means and refers to the director of the division of building and housing
36 services, or his/her designee.
37 DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
38 DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
39 103 or its successor provisions.
40 DIVISION: Means and refers to the division of building and housing services of the city.
41 ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
42 violations of state law or this title, including, but not limited to, building inspectors, the building
43 official, fire marshals, and civil enforcement officers.
44 NONCOMPLIANT PROPERTY: property where one or more violations of this title have
45 occurred or are currently occurring.
46 NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
47 that one or more violations of city code exist on the noncompliant property.
48 PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
49 partnership, joint venture, club, company, joint stock company, business trust, limited liability
50 company, corporation, association, legal entity, society or other group of individuals acting as a
51 unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
52 RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
53 causing, maintaining, or allowing the continuation of a violation of this title. This may include,
54 but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
55 contractor, business owner, or other person who individually or together with another person is
56 responsible for causing, maintaining, or allowing the continuation or a violation of any provision
57 of the code.
58
59 18.04.030: APPLICATION OF PROVISIONS: RESERVED
60 This title applies to the construction, alteration, moving, demolition, repair and use of any
61 building or structure and the equipment therein within Salt Lake City's jurisdiction, including
62 portable dwellings, mobile homes, trailers, and mobile home parks.
63
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64 18.04.040: TECHNICAL CONSTRUCTION CODES; ADOPTION, ADMINISTRATION
65 AND ENFORCEMENT BUILDING AND CONSTRUCTION CODES ADOPTED:
66 The following codes, as adopted by the State of Utah, along with any adopted appendices are
67 hereby adopted as part of the code of Salt Lake City:
68 The International Building Code, as promulgated by Title 15A of the Utah State Code;
69 The International Residential Code, as promulgated by Title 15A of the Utah State Code;
70 The International Fire Code;
71 International Existing Building Code;
72 International Energy Conservation Code;
73 International Fuel Gas Code;
74 National Electrical Code;
75 The International Mechanical Code;
76 The International Plumbing Code;
77 The International Swimming Pool and Spa Code;
78 Rule R156-56 of the Utah Administrative Code;
79 ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
80 Compliance, or its successor, and
81 1997 Uniform Code for the Abatement of Dangerous Buildings
82 This title provides for the adoption, administration, and enforcement of the technical construction
83 codes referenced herein. Each of the referenced technical codes bears a legal influence over
84 details of the design, construction, alteration, occupancy, use, repair and maintenance of
85 buildings, structures, and certain equipment therein. Each of the referenced technical codes
86 provides minimum standards and practical safeguards and provisions against threats to life and
87 limb, health, safety, property, and public welfare. Wherever in these codes reference is made to
88 an appendix, the provisions of the appendix shall apply.
89
90 18.04.050: EQUIPMENT INSTALLATION SPECIFICATIONS: RESERVED
91 This title establishes minimum requirements for the installation and maintenance of electrical
92 conductors, fittings, devices and fixtures, herein referred to as "electrical equipment"; for the
93 installation and maintenance of plumbing, heating, cooling, ventilation and refrigeration systems;
94 for the installation and maintenance of fuel piping and energy using equipment; fire protection or
95 fire prevention piping within the corporate limits of the city, and to provide for the enforcement
96 thereof.
97
98 18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
99 Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
100 the provision of this title occur, the most restrictive provisions or requirements shall govern. In
101 the event a provision of this title conflicts with the codes adopted in Utah Code Title 15A, the
102 provisions of Title 15A shall govern.
103
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104 18.04.070: LIABILITY LIMITATIONS:
105 Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
106 owner, or any other persons involved, for apparatus, construction or equipment installed by or
107 for them, for damages to anyone injured or damaged either in person or property by any defect
108 therein, nor shall the city or any employee thereof be held to assume any liability by reason of
109 the inspections authorized herein, or the certificate of occupancy issued by the building official
110 of the division of building and housing services. The provisions of this title are not intended to
111 interfere with, abrogate, or require enforcement by the city of any legally enforceable easements,
112 covenants, or other agreements between private parties that may restrict the use of the land.
113 Permits or other approvals issued pursuant to this title provide no right to encroach or interfere
114 with the private property of third parties.
115
116 SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
117 18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
118 hereby is amended as follows:
119 CHAPTER 18.08
120 ORGANIZATION
121 18.08.010: DIVISION ESTABLISHED; SECTIONS DESIGNATED:
122 There is established, in the department of community and neighborhoods development services,
123 a subordinate division of building and housing services, to be under the supervision of the
124 building official, which division shall be divided into the following sections: . The function of
125 the division shall be the implementation, administration and enforcement of the provisions of this
126 title.
127 A. Construction compliance;
128 B. Zoning compliance;
129 C. Housing preservation.
130
131 18.08.020: POWERS AND DUTIES OF THE DIVISION:
132 The functions of the division of building and housing services shall be:
133 A. To enforce the zoning laws of Salt Lake City and to inspect, or cause to be
134 inspected, all buildings and structures erected, or proposed to be erected in the city;
135 B. To carry out, enforce and perform all duties, provisions and mandates designated,
136 made and set forth in the ordinances of the city concerning zoning, building, plumbing, electrical
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137 and mechanical construction, and construction related fire suppressionrepair, including uniform
138 housing code regulations;
139 C. To examine and approve all plans and specifications before building permits shall
140 be issued, and to execute all permits, certificates and notices required to be issued inspect or
141 cause to be inspected all buildings and structures erected in the city; and
142 D. To examine all applicants for licensing and registration in accordance with
143 requirements of chapter 18.16 of this title, and issue same in accordance with the requirements of
144 this title; and
145 E. To perform all of the functions and have all of the powers required of and
146 conferred on the building official by the ordinances of the city.
147
148 18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
149 The mayor of the city shall employ a qualified building official, construction official, housing
150 official, zoning official, plans examiner, inspector, and such other assistants and clerks as the
151 exigencies of the work employees of the division that may from time to time be required to
152 perform the functions of this title, at such compensation and for such periods of time as the
153 mayor may deem proper.
154
155 18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
156 The building official shall maintain public office hours necessary to efficiently administer the
157 provisions of this title and related titles and amendments thereto, and shall perform the following
158 duties:
159 A. Maintain an official register of all persons, firms or corporations lawfully entitled
160 to carry on or engage in the businesses regulated by this title to whom a current license has been
161 issued by the department of contractors of the state;
162 B. Issue building permits to properly licensed, bonded and registered persons, firms
163 or corporations for work to be done within the scope of this title;
164 C. Administer and enforce the provisions of this title in a manner consistent with the
165 intent thereof, and inspect all work authorized by any permit, to assure compliance with
166 provisions of this title or amendments thereto, approving or condemning such work in whole or
167 in part, as conditions require;
168 D. Issue a certificate of approval or certificate of occupancy for all work approved by
169 him/her;
170 E. CondemnRequire correction or and reject all work done or being done, or
171 materials used or being used which do not in all respects comply with the provisions of this title
172 and amendments thereto;
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173 F. Order changes in workmanship and/or materials essential to obtain compliance
174 with all provisions of this title;
175 G. Investigate any construction or work regulated by this title and issue such notices
176 and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
177 conditions;
178 H. Recommend revocation of contractor licenses to the state department of business
179 regulation for cause;
180 I. Authorize any utility to make necessary connections for power, water or gas to all
181 applicants for such power or water in the city, when the installation and all facets of the
182 construction or remodel project conform to this title; and
183 J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
184 are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
185 Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
186 for the building official to allow occupancy of qualifying structures, units delivered on site must
187 be provided with a permanently affixed tag identifying the technical code versions, with Utah
188 State Amendments, under which they were built. Individuals making the inspections must be
189 certified and licensed Bbuilding Iinspectors in the State of Utah.; and
190 K. The building official may render interpretations of this title and adopt and enforce
191 rules and supplemental regulations pursuant to adopted state construction codes to clarify the
192 application of its provisions. Such interpretations, rules and regulations shall conform to the
193 intent and purpose of this title, and shall be made available in writing for public inspection upon
194 request.
195
196 18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
197 The building official may delegate any of his/her powers and duties to the construction official,
198 housing official, zoning official, plans examiner, inspectors and assistants, who shall enforce all
199 of the provisions of this title.
200
201 18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
202 The building official, or the building official's authorized representative, shall have the authority
203 to disconnect or order discontinuance of any utility service or energy supply to buildings,
204 structures or equipment therein regulated by this code, in cases of emergency or where necessary
205 for safety to protect life and property. Such utility service shall be discontinued until the
206 equipment, appliances, devices, piping or wiring found to be defective, or defectively installed,
207 are removed or restored to a safe conditionemergency or threat to life or property has ceased.
208
209 18.08.070: DEVIATION FROM REGULATIONS AUTHORIZED WHEN:
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210 Where conditions are extremely adverse to full compliance with the regulations of this title, the
211 building official may grant special permission in writing to deviate from the regulations,
212 provided that in the judgment of the building official such deviation does not create an
213 unsanitary or unsafe condition, and further provided the request for deviation is submitted for
214 approval in writing in advance of the construction or installation.
215
216 18.08.080: DIVISION; RECORD KEEPING AND ACCOUNTING:
217 An itemized account of the business and transactions of the division, the expenses thereof, and
218 the income therefrom for the preceding month shall be made and filed with the mayor each
219 month. Annual reports shall be made and filed with the mayor each year, in the same manner as
220 monthly reports.
221
222 18.08.090: DIVISION; BOOKS, PAPERS AND EQUIPMENT:
223 The city shall provide such instruments, books, papers and equipment as shall be necessary for
224 the proper performance of the duties of the members of the division. The building official shall
225 have charge and control of the books, instruments, papers and equipment used and employed in
226 the division, and shall deliver the same to his/her successor in office.
227
228 18.08.100070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
229 The building official, or his/her assistantsappeals hearing officer, fines hearing officer, or
230 enforcement officials, when acting for the city in good faith and without malice in the discharge
231 of his/her duties, shall not thereby render himself/herself liable personally, and the building
232 official is same are hereby relieved from all personal liability for any damage that may accrue to
233 persons or property as a result of any act required or by reason of any act or omission in the
234 discharge of such official's duties.
235
236 18.08.110080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
237 The building official and any enforcement official, or his/her authorized assistants, shall have the
238 right of entry, within reasonable hours, to any building or premises for the purpose of inspection,
239 or to investigate any work or conditions governed by this title.
240
241 18.08.120090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
242 The building official and his/her assistants shall not in any way engage in the sale or installation
243 of equipment or supplies upon which they are required to make inspection under this code.
244
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245 SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
246 18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
247 Examiners) shall be, and hereby is amended as follows:
248
249 CHAPTER 18.12
250 BOARD OF APPEALS AND EXAMINERS
251 18.12.010: GENERAL PROVISIONS:
252 The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
253 except as otherwise set forth in this chapter.
254
255 18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
256 In order to (1) hear and decide appeals of orders, decisions or determinations made by the
257 building official relative to the application and interpretation of this title, including any state
258 construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
259 orders by enforcement officials, there shall be and is hereby created a board of appeals and
260 examiners comprised of an appeals hearing officer and the building official. The building official
261 shall be an ex officio member of said board but shall not have a vote on any matter before the
262 board. The mayor may appoint more than one appeals hearing officer, but only one appeals
263 hearing officer shall consider and decide upon any matter before the board. The appeals hearing
264 officer may serve consecutive four year terms upon the advice of the mayor and consent of the
265 city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
266 provide for reasonable interpretations of the provisions of this title and the appeals hearing
267 officer shall be, and to determine the suitability of alternates, there shall be created a board of
268 appeals and examiners, hereinafter called "board", consisting of five (5) members who are
269 qualified by experience and training to pass upon matters pertaining to building construction,
270 housing, and abatement codes and technical disciplines set forth in this titletherein. One board
271 member shall be a LEED accredited professional. The board shall hear and decide appeals where
272 it is alleged there is an error in any order, requirement, decision or determination made by an
273 administrative official in the enforcement of this title. The board may also recommend new
274 ordinances to the city council.
275
276 18.12.030: MEMBERSHIP; TERMPROCEDURE FOR APPEALS TO THE BOARD OF
277 APPEALS & EXAMINERS:
278 Appeals of decisions by the building official or enforcement officials shall be taken in
279 accordance with the following procedures:
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280 A. Form: The appeal shall be filed using an application form provided by the
281 building official. To be considered complete, the application must include all information
282 required on the application, including but not limited to identification of the order, decision or
283 determination being appealed, the alleged error made by stating each fact and every theory of
284 relief on appeal and one or more reasons the appellant claims the administrative decision is in
285 error. Incomplete applications will not be accepted.
286 B. Filing: The application must be submitted as indicated on the form by the
287 applicable deadline, together with all applicable fees as set forth in the Salt Lake City
288 consolidated fee schedule. The applicant shall also be responsible for payment of
289 all fees established for providing the public notice required by the Utah Open and Public
290 Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
291 preparation of mailing labels and all other costs relating to notification. All fees are due at the
292 time of filing the appeal. An appeal will not be considered complete until all applicable fees are
293 paid.
294 C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
295 adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
296 appeal.
297 D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
298 application for appeal is 10 days from the date of the decision, determination or order. Each
299 appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
300 a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
301 appeal in accordance with the provisions of this section shall constitute a waiver of the person's
302 right to an appeal.
303 E. Notice Required. Upon receipt of an appeal the board of appeals and examiners
304 shall schedule and hold a public hearing in accordance with the standards and procedures for
305 conducting public hearings set forth in Chapter 21A.10.
306 F. Standard of Review. The board shall conduct each appeal de novo. The
307 appellant has the burden of proving the decision appealed is incorrect. The board shall render a
308 decision based upon the applicable law. The board shall afford due process to the parties on
309 appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
310 provided such evidence is not unduly cumulative or irrelevant as determined by the board.
311 Hearings shall be conducted informally. After hearing all evidence and legal arguments
312 presented by the parties, the board shall apply the plain language of the applicable law and
313 issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
314 G. Effect of Decision. The decision of the board is a final decision of the city,
315 appealable to district court. No person may challenge in district court any order, decision, or
316 enforcement action taken pursuant to this title unless and until that person has exhausted the
317 administrative remedies provided by this chapter.
318 H. Procedures. The proceedings of each appeal hearing shall be recorded and such
319 recordings shall be retained for a period that is consistent with city retention policies and any
320 applicable retention requirements set forth in state law. The building official shall adopt
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321 policies and procedures, consistent with the provisions of this chapter, for processing appeals,
322 the conduct of an appeal hearing, and for any other purpose considered necessary to properly
323 consider an appeal.
324 I. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
325 provision of this title specifically states otherwise.
326 J. Requesting a Stay: The board may grant a request submitted by any party to the
327 appeal to stay a decision of the building official or enforcement official for a specified period of
328 time or until the board issues a decision, if the requesting party can show a stay is necessary to
329 prevent substantial harm to the requesting party. No request is required if a provision of this title
330 imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
331 board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
332 the appeal being deemed complete. If the board does not decide a request for a stay within 10
333 days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
334 authorized for incomplete appeals or appeals filed after the appeal deadline.
335 Members of the board shall hold office for five (5) years. The building official shall be an ex
336 officio member of the board, and shall act as secretary.
337
338 18.12.040: BOARD DECISIONS:
339 The board of appeals shall render all decisions and findings in writing to the parties within 14
340 days of the hearing on the appealbuilding official and appellants.
341
342 18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
343
344 A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
345 pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
346 imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
347 civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
348 may affirm or reduce an abatement statement of costs and may approve abatement cost payment
349 schedules.
350 B. Right to Appear: Any responsible party receiving a notice and order or statement
351 of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
352 fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
353 division of building services. However, in the case of civil fines, no party may appear before a
354 fines hearing officer until violations identified have been corrected. Appeals to a fines hearing
355 officer contesting the amount of the civil fine imposed must be filed within 30 days from the date
356 of compliance. Appeals to a fines hearing officer contesting the statement of abatement costs
357 must be filed within 20 days from the date the statement of costs is delivered, but the only issue
358 on such appeal is the amount of such costs and not the city’s determination to incur abatement
359 costs. Failure of any person to file an appeal in accordance with the provisions of this section
360 shall constitute a waiver of the person's right to an appeal.
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361 C. Responsibility: Commencement of any action to remove or reduce civil fines shall
362 not relieve the responsibility of any responsible party to correct the violation or make payment of
363 accrued civil fines nor shall it require the city to reissue any of the notices required by this
364 chapter.
365 D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
366 hearing officer after the violation is corrected and if any of the following conditions exist:
367 1. Strict compliance with the notice and order would have caused an
368 imminent and irreparable injury to persons or property;
369 2. The violation and inability to correct the same were both caused by a force
370 majeure event such as war, act of nature, strike or civil disturbance;
371 3. A change in the actual ownership of the property was recorded with the
372 Salt Lake County Recorder's Office after a notice of violation was issued and the new
373 property owner is not related by blood, marriage or common ownership to the prior
374 owner; or
375 4. Such other mitigating circumstances as determined by the fines hearing
376 officer.
377 E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
378 fines hearing officer shall schedule and hold a public hearing in accordance with the standards
379 and procedures for conducting public hearings set forth in Chapter 21A.10.
380 F. Payment Schedule: At the request of a responsible party subject to civil fines or
381 abatement costs governed by this title, the fines hearing officer may approve a payment schedule
382 for the delayed or periodic payment of the applicable civil fine or abatement costs to
383 accommodate the person's unique circumstances or ability to pay.
384 G. Failure to Comply with Payment Schedule: If a payment schedule has been
385 developed by the fines hearing officer, the failure by a person to submit any 2 payments as
386 scheduled shall cause the entire amount of the original civil fine or abatement cost to become
387 immediately due, less any payments actually made.
388 18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
389 The city, or any person aggrieved by any decision of the board or fines hearing officer as to
390 abatement costs, may appeal to district courthave and maintain an action for relief therefrom in a
391 court of competent jurisdiction, provided a so long as the petition for such relief is filed
392 withpresented to the court within thirty (30) days of the board’s or fines hearing officer’s
393 decisionafter the filing of such decision in the office of the board.
394
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395 SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
396 18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
397 shall be, and hereby is amended as follows:
398
399 CHAPTER 18.16
400 REGISTRATION AND LICENSES
401
402 ARTICLE I. CONTRACTOR REGISTRATION
403
404 18.16.010: REGISTRATION; PREREQUISITE TO BUILDING WORK:
405 It is unlawful for any person, firm or corporation to perform any work requiring a permit from
406 the city division of building and housing services without first having registered with the
407 building official.
408
409 18.16.0210: STATE CONTRACTOR LICENSE REQUIRED:
410 Except as provided in Section 18.20.070, eEvery applicant for registration a permit issued
411 pursuant to this title shall furnish evidence that such applicant is currently licensed under the
412 provisions of the Utah contractor's license law as it presently exists or hereafter may be
413 amended, giving the classification and number of the license, and shall have secured all licenses
414 required by the ordinances of Salt Lake City.
415
416 18.16.0240: EXCAVATION BOND REQUIRED:
417 Any person, firm or corporation properly licensed to do business in accordance with this title
418 who in the course of their work has occasion to excavate in the city streets, alleys or rights of
419 way shall file an additional bond with the city in the amount of ten thousand dollars
420 ($10,000.00), or such larger amount as the city engineermayor may require.
421
422 18.16.050: FEE FOR REGISTRATION:
423 Each person, firm or corporation required to register in accordance with this chapter shall pay a
424 registration fee shown on the Salt Lake City consolidated fee schedule for each fiscal year, or
425 part thereof.
426
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427 18.16.0360: LICENSE AND REGISTRATION NOT TRANSFERABLE:
428 It is unlawful for any contractor to use such contractor's license or registration or to allow his/her
429 license to be used in any way for the purpose of procuring a license bond, registration or permit
430 for any person other than such contractor.
431
432 18.16.0470: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
433 It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
434 or apparatus that has not been approved by a recognized listing agency.
435
436 SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
437 18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
438 shall be, and hereby is amended as follows:
439
440 CHAPTER 18.20
441 PERMITS AND INSPECTIONS
442
443 18.20.010: WORK REQUIRING PERMIT:
444 No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
445 remove, convert or demolish any building, structure or premises, or make any installation,
446 alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
447 structure or premises, or cause the same to be done, without first obtaining the prescribed permits
448 for each such building or structure or premises from the building official.
449
450 18.20.020: EXEMPT WORK DESIGNATED FEES:
451 A. A building permit shall not be required for the following:
452 1. Playhouses and similar uses;
453 2. Oil derricks;
454 3. Movable cases, counters and partitions not over five feet (5') high;
455 4. Retaining walls which are not over two feet (2') in height measured from the bottom of
456 the footing to the top of the wall, unless supporting a surcharge or impounding flammable
457 liquids;
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458 5. Water tanks supported directly upon grade if the capacity does not exceed five thousand
459 (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1);
460 6. Painting, papering and similar finish work;
461 7. Temporary motion picture, television and theater stage sets and scenery;
462 8. Window awnings supported by an exterior wall of group R, division 3, and group M
463 occupancies, when projecting not more than fifty four inches (54").
464 B. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be
465 required for the above exempted items.
466 C. Exemption from the permit requirements of this code shall not be deemed to grant
467 authorization for any work to be done in any manner in violation of the provisions of this code or
468 any other laws or ordinances of this jurisdiction.
469
470 A. Building permit fees shall be based on the total valuation of the proposed project
471 as shown on the Salt Lake City consolidated fee schedule.
472 B. Plan review fees shall be 65% of the building permit fees.
473 C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
474 times the standard building plan review fee.
475 D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
476 each month, after the initial 30 day temporary certificate of occupancy, which has no additional
477 cost associated with it; due before the first of the month and only allowed for up to 3 renewals
478 after the initial free 30 day period. Partial months will not be refunded.
479 E. Fees for renewing expired plan review after 180 days as governed by Section
480 18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
481 F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
482 each permit for fencing.
483 G. Other fees shall consist of electrical, mechanical and plumbing, and fire
484 suppression and monitoring equipment inspection fees as shown on the Salt Lake City
485 consolidated fee schedule.
486
487 18.20.030: APPLICATION; FORM AND FILING:
488 To apply forobtain a building permit the applicant shall first file an application on a form
489 furnished by the building official and pay the requisite fee therefor as established in the Salt Lake
490 City consolidated fee schedule, in writing, on a form furnished for that purpose.
491
492 18.20.040: APPLICATION; PLANS AND OTHER DATA:
493 Each application for a permit shall be accompanied by all required plans, diagrams and other
494 data, in duplicate, unless otherwise required by the building official. The building official may
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495 require the plans and other data to be prepared and designed by an engineer or architect licensed
496 by the state to practice as such.
497
498 18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
499 A. Application Review: Except as provided in subsection B of this section, the
500 application plans and data filed by an applicant for a building permit shall be checked by the
501 building official. Said application may be reviewed by other government agencies or
502 departments to check compliance with the laws and ordinances under their jurisdiction. If the
503 building official is satisfied that the work described in an application for a building permit and
504 plans filed therewith conform to the requirements of this title and other pertinent ordinances and
505 laws and that the required fees have been paid, the building official shall issue a permit therefor
506 to the applicant. No building permit shall be issued unless and until the plans and specifications
507 comply with all applicable land use regulations, including but not limited to Title 21A. The
508 building official may issue a permit for the construction of part of a building or structure before
509 the entire plans and specifications for the whole building or structure have been submitted or
510 approved, provided adequate information and detailed statements have been filed complying
511 with all pertinent requirements of this title. The holder of such permit shall proceed at his or her
512 own risk without assurance that the permit for the entire building or structure will be granted.
513 B. Expedited Plan Review: A building permit applicant may seek an expedited
514 building plan review, provided that the applicant pay the expedited plan review fee set forth in
515 sSection 18.2032.02035 of this title. The expedited building plan review may be conducted by a
516 qualified third party with significant experience conducting building plan reviews, as selected
517 and approved by the building official. The person(s) assigned to conduct the expedited building
518 plan review shall provide initial comments, including corrections to be made to the building
519 plans, within ten (10) business days of the date the application was filed and all fees paid.
520 C. Plan Review Expiration: If a building permit applicant fails to submit corrected
521 building plans in accordance with the comments and requirements of the building services
522 division or its authorized representative within one hundred eighty (180) days of the division
523 transmitting such comments and requirements to the applicant, or if the applicant fails to pay the
524 required building permit fee within one hundred eighty (180) days of the division informing the
525 applicant that its building plans are approved and the building permit fee is due, the plan review
526 shall expire at the end of such period and the review become null and void. An expired plan
527 review may be renewed, provided that the applicant pay the plan review renewal fee established
528 in sSection 18.2032.020035 of this title, however, no plan review may be renewed after three (3)
529 years from the original submission date or if new versions of the codes adopted pursuant to
530 Section 18.04.040 have come into effect since the prior plan review was conducted.
531
532 18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
533 Except as otherwise provided by this title, it is unlawful to issue a permit no building permit shall
534 be issued to any person other than a duly registered licensed contractor licensed to do business
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535 by the state department of business regulation, and registered by the city division of building and
536 housing services by the State of Utah Division of Professional Licensing or its successor.
537
538 18.20.070: HOMEOWNER PERMITS:
539 Any permit required by this title may be issued to any person to do any work regulated by this
540 title in a single-family dwelling used exclusively for such person's living purposes, including the
541 usual accessory buildings and quarters in connection with such buildings, provided that any such
542 person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
543 the same are occupied or designed to be occupied by such owner, and further provided that the
544 owner shall furnish the building official with a complete layout drawing of the proposed work,
545 satisfy the building official that he or she has a working knowledge of the code requirements,
546 performs the work himself or herself, pays the necessary inspection fees, and calls for all
547 inspections required by this title.
548
549 18.20.080: PERMIT; EFFECT OF ISSUANCE:
550 The issuance of a permit or approval of plans or other data shall not be construed to be a permit
551 for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
552 of third parties. The issuance of a permit based upon plans and other data shall not prevent the
553 building official from thereafter requiring the correction of errors in said plans and data or from
554 stopping construction activitybuilding operations being carried on thereunder when in violation
555 of this title or any other ordinancelaw. The city shall have no obligation to enforce the rights of
556 third parties or recover damages to third parties due to the acts or omissions of permit holders.
557
558 18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
559 EMERGENCIES:
560 A. Whenever any work requiring a permit under this title is commenced without a
561 permit first having been obtained the building official may pursue enforcement of this title
562 pursuant to Chapter 18.24.
563 B. Fee Increase When: Whenever any construction or work for which a permit is
564 required by this title is started or commenced without obtaining the prescribed permit, the fees
565 specified in this title may be increased by the building official up to a fee of ten percent (10%) of
566 the valuation of the proposed construction as determined by the building official, or one
567 thousand dollars ($1,000.00), whichever is greater, but the payment of such increased fees shall
568 not relieve any persons from fully complying with the requirements of this title in the execution
569 of the work nor from any other penalties prescribed herein.
570 B. C. Exception; Emergency Work: This provision section shall not apply to
571 emergency work when it shall be proved to the satisfaction of the building official that such work
572 was urgently necessary and that it was not practical to obtain a permit therefor before the
573 commencement of the work. In all such cases, a permit must be obtained as soon as it is practical
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LEGISLATIVE DRAFT
574 to do so, and if there be an unreasonable delay in obtaining a permit, a double fee, as herein
575 provided, shall be charged.
576
577 18.20.100: PERMIT; DENIAL CONDITIONS:
578 The building official may refuse to issue any permit for work governed by this title to any person
579 who has a permit revoked in accordance with this title, or during such time as such person fails
580 to comply with any provision of this title or Title 21A. No permit shall be issued to the
581 responsible party for a property actively subject to enforcement proceedings by the city for
582 violations of this title or Title 21A, except for permits required to correct the violations.
583
584 18.20.110: PERMIT; EXPIRATION AND RENEWAL:
585 Every permit issued by the building official under the provisions of this title shall expire by
586 limitation and become null and void if the building or work authorized by such permit is not
587 commenced within one hundred eighty (180) days from the date of such permit or if the building
588 or work authorized by such permit is suspended or abandoned at any time after the work is
589 commenced for a period of one hundred eighty (180) days. Before such work can be
590 recommenced, the permittee must request that the permit shall first be renewed by the building
591 official and the fee therefor shall be one-half (1/2) the amount required for a new permit for such
592 work. Such renewal may be granted if such request is made prior to the permit expiring upon the
593 permittee demonstrating justifiable cause for the renewal, and provided no changes have been
594 made or will be made in the original plans or scope of such work. Such renewal shall be denied if
595 such request is made after the permit has expired and (1), and provided no changes have
596 occurred relative to other municipal regulations impacting the use, size, yard, space or other
597 requirements concerning the proposed structure or development have changed since the permit
598 was issued, (2) material changes have been made or will be made in the original plans or scope
599 of work, or (3) justifiable cause does not exist to allow the project to be renewed. In connection
600 with renewing a permit that pertains to construction of a new structure or substantial exterior
601 alteration of a site the building official may impose reasonable conditions regarding a deadline to
602 complete the work, posting of a bond, erection of fences, securing methods, and similar
603 conditions to mitigate the hazards of and limit the nuisances of ongoing construction. Whenever
604 a construction permit is taken out in order to resolve the violation(s) specified in a notice and
605 order, the expiration date for the permit shall coincide with the time limit for resolution of the
606 violation(s) contained in the notice and order.
607
608 18.20.120: PERMIT; NOT TRANSFERABLE:
609 Building permits are non-transferable without completion of a permit transfer document
610 approved by the building official. When any work construction activity regulated by this title is
611 not completed by the permittee identified inunder the permit and is insteadissued to him or her
612 for the work and the work in question is added to or completed by any other personone or more
613 contractors, such personeach contractor shall procure a permit to cover the work he or she
614 performs.
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615
616 18.20.130: PERMIT; SUSPENSION OR REVOCATION:
617 The building official may, in writing, suspend or revoke a permit issued under provisions of this
618 title whenever the permit is issued in error, or on the basis of incorrect inaccurate information
619 supplied, or upon a finding of ain violation of any ordinance or regulation of any of the
620 provisions of this title or Title 21A.
621
622 18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
623 Any person adversely affected by the action of the building official made pursuant to Section
624 18.20.130in accordance with the preceding sections may appeal pursuant to Chapter 18.12to the
625 board of appeals and examiners for a hearing upon such revocation or denial, except that an
626 appeal of a revocation or suspension of a building permit based upon a finding of a violation of
627 Title 21A shall be made to the appeals hearing officer as set forth in Chapter 21A.16.
628
629 18.20.150: INSPECTION OF WORK:
630 A. All construction, work and equipment for which a permit is required shall be
631 subject to inspections by the building official. The building official may make or require any
632 inspection of any construction work to ascertain compliance with the provisions of this title and
633 other laws which are enforced by the division.
634 B. No construction, work or equipment regulated by this title shall be connected to
635 any energy, fuel or power supply or water system or sewer system until authorized by the
636 building official.
637 C. Prior to issuance of a building permit or during construction aA survey of any lot
638 or parcel may be required by the building official to verify compliance of structures with
639 approved plans.
640 D. The building official shall not be liable for any expense entailed in the removal or
641 replacement of any material required to allow an inspection.
642 E. If a property subject to a building permit is open and unattended, such that
643 unauthorized persons are accessing the property, or the open nature of the work poses a risk to
644 the health, safety, and welfare of the public, the building official shall order the owner of the
645 property to immediately secure the property, including by fencing and boarding, by issuing a
646 notice and order in accordance with Section 18.24.040. If the property is not secured within the
647 cure period set forth in the notice and order, which shall not be less than 10 days, then the city
648 may secure the property and recover its costs in accordance with Section 18.48.100.
649
650 18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
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LEGISLATIVE DRAFT
651 No work shall be done on any part of the building or structure beyond the point indicated in each
652 successive inspection without first obtaining the written approval of the building official. Such
653 written approval shall be given only after an inspection shall have been made of each successive
654 step in the construction as indicated by each of the inspections required by the building official.
655
656 18.20.170: REQUESTS FOR INSPECTIONS:
657 The building official may require that every request for the inspection be madefiled at least one
658 day before such inspection is required and in such method as prescribed by the building official.
659 Such request may be in writing or by telephone. It shall be the duty of the person requesting any
660 inspections required by this title to provide access to and means for proper inspection of such
661 work. Nothing in this section shall be construed to require the building official to perform an
662 inspection within the notice period provided herein.
663
664 18.20.180: INSPECTION RECORD CARD:RESERVED
665 Work requiring a permit shall not be commenced until the permit holder or his or her agent shall
666 have posted an inspection record card in a conspicuous place on the front premises, or on an
667 electrical service panel, and in such position as to allow the director conveniently to make the
668 required entries thereon regarding inspection of the work. This card shall be maintained in such
669 position by the permit holder until the building or structure is completed and ready for
670 occupancy.
671
672 18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
673 There shall be aA final inspection and building official approval are required on all buildings and
674 structures requiring a building permit prior towhen completed and ready for occupancy. A fFinal
675 inspection approval shall be issued in the form of a certificate of occupancy. A building or
676 structure shall not be used or occupied in whole or in part, and a change in occupancy of a
677 building or structure or portion thereof shall not be, until the building official has issued a
678 certificate of occupancy therefor. A certificate of occupancy may, upon notice, be revoked by the
679 building official if the building official finds that any construction, work or equipment fails in
680 any respect to comply with the requirements of this title, or that the installation is unsafe,
681 dangerous, or a hazard to life or propertyelements of the property for which a certificate was
682 issued have been changed or modified, including a change in occupancy classification, without
683 obtaining the requisite permits required by this title. A certificate of occupancy shall be issued as
684 specified in the adopted uniform building code, as amended.
685
686 18.20.200: REINSPECTIONS AND FEES:
687 A. A reinspection fee may be assessed:
688 1. When the approved plans are not readily available to the inspector;
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LEGISLATIVE DRAFT
689 2. For failure to provide access on the date for which the inspection is
690 required;
691 3. For deviating from plans requiring the approval of the building official.
692 B. In instances where reinspection fees have been assessed or reinspection is
693 necessary, no additional inspection of the work will be performed until the required fees have
694 been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
695 the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
696 City consolidated fee schedule for each additional inspection required.
697
698 18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
699 A. Each permit holder shall be responsible to see that vehicles used in the process of
700 carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
701 upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
702 permit has been obtained from the city engineer for use of a designated portion of the right of
703 way with provisions made to keep that portion of the right of way and adjacent areas cleared of
704 mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
705 of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
706 Corporation. The suitable process shall consist of:
707 1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
708 body surface of the trucks, or its equivalent;
709 2. The cleaning area shall be arranged to furnish adequate draining to prevent
710 puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
711 slab;
712 3. The cleaning area shall be located on private property and arranged in
713 such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
714 way except where permission has been granted by the city engineer;
715 4. The cleaning water or solution used for cleaning shall not be allowed to
716 enter the city streets, gutter, or storm drain or sanitary sewer system.
717 B. All trucks and equipment leaving the site with earthen materials or loose debris
718 shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
719 streets and/or sidewalks.
720 C. Ramps constructed over curbs and gutters shall not interfere with or block the
721 passage of water along the gutter and shall be constructed of asphalt material that will not erode
722 or deteriorate under adverse weather conditions.
723 D. The permit holder shall install erosion and water runoff controls sufficient to
724 ensure that no stormwater, surface water, sediments or debris from the construction site shall
725 drain or wash or be tracked into any public right of way or other adjacent properties, including
726 curb and gutter, unless permission has been granted through the erosion control plan. These
727 controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
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LEGISLATIVE DRAFT
728 storms, unseasonal storms, or methods of construction. The director of building and housing
729 servicesbuilding official or the city engineer may require, when in his/her discretion he/she
730 deems necessary, an erosion control plan to be submitted for approval. Such plan may be
731 required any time during construction and must be submitted within five (5) days of the request.
732 The director of building and housingbuilding official or the city engineer may suspend all work
733 until the plan requested is approved. The permit holder will maintain all erosion control facilities
734 throughout the life of the construction project. He/she will monitor their effectiveness after
735 storms and make the necessary adjustments to ensure they function correctly.
736 E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
737 excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
738 rendered unusable by either the storage of construction equipment or materials or the
739 construction procedures used, unless a safe, usable alternate walkway along the same side of the
740 street is provided by the contractor unless a permit has been issued by the city engineer's office.
741 All alternate walkways shall be ramped in accordance with handicap ramp requirements and so
742 constructed as to provide an all weather walking surface 4four feet (4') wide as sound and
743 smooth as the normal concrete sidewalk.
744 F. The permit holder shall be responsible for the immediate removal of mud, dirt or
745 debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
746 or by the permit holder's construction procedures.
747 G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
748 which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
749 to the city of such removal will be charged to the property owner or contractor (permit holder),
750 including legal fees, if any. Payment of such charges will be made to the city prior to
751 certification of final inspections, utility clearances, and issuance of a certificate of occupancy.
752 H. The director of building and housing servicesbuilding official or the city engineer
753 is empowered to suspend any permit until the permit holder installs the necessary cleaning
754 equipment and/or erosion control facilities to ensure that no dust or debris is deposited upon the
755 streets and sidewalks of Salt Lake City Corporation. Such device shall operate in a manner
756 satisfactory to the director of building and housing servicesbuilding official or the city engineer.
757 I. A violation of this chapter shall be punished as a class B misdemeanor, and the
758 issuance of a criminal complaint shall not excuse the permit holder of his or her responsibilities
759 to abate the problem. Each day the violation exists shall be a separate offense.
760
761 18.20.220: WAIVER OR DEFERRAL OF FEES:
762 Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
763 by this title on an annual or project by project basis as provided below:
764 A. Petitions shall be filed with the division of housing stabilityappeals and advisory
765 board ("HAAB").
766 B. Waivers shall not be granted for projects that are receiving seventy five percent
767 (75%) or more of their funding directly or indirectly from state or federal agencies, except for
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768 projects that upgrade or construct owner occupied housing or multiple dwelling units used for
769 very low income housing as provided by the guidelines established by the United States
770 department of housing and urban development.
771 C. Waivers under five hundred dollars ($500.00) may be granted by the director of
772 community and neighborhoods.
773 D. Waiver requests over five hundred dollars ($500.00), and director denials of
774 waivers under five hundred dollars ($500.00) shall be heard informally before the director of the
775 department of community and neighborhoodsHAAB after notice of the hearing has been posted
776 for seven (7) days in the office of the city recorder.
777 ED. HAABThe director of the department of community and neighborhoods may
778 recommend granting the waiver or deferral if ithe/she finds that the project or projects, and the
779 sponsoring nonprofit organization furthers the city's established low income housing goals to
780 provide housing for persons or families under eighty percent (80%) of the city's median income,
781 as defined by the United States department of housing and urban development, and also meets all
782 applicable guidelines established for any such programs by the United States department of
783 housing and urban development. HAAB The director may recommend that waivers may be
784 granted for remodeling or construction of offices for nonprofit housing corporations if ithe/she
785 finds that such remodeling or construction will save the corporation money and that such savings
786 will be applied to a specific housing project.
787 FE. The HAABdirector’s recommendation will be made to the director of community
788 and neighborhoodscity council and considered at a public meeting, who shall issue the decision
789 of the department. The property owner of any project(s) for which a waiver or deferral of fees is
790 granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
791 attorney, against the applicable property pertaining to the affordable housing that shall be
792 provided at the property, or (2) a binding agreement regarding the method in which the fee
793 savings shall be applied to a specific housing project.
794 G. Any person or entity dissatisfied with the decision of the director may appeal such
795 decision to the mayor or the mayor's designee, whose decision shall be final.
796 HF. HAAB Fee waivers or deferrals shall not be granted may not grant a waiver or
797 deferral to any organization which owns, operates, manages or is related by common ownership
798 or management to any other such organization which owns, operates or manages buildings for
799 which existing notices of code violations have not been curedcorrected.
800
801 SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
802 18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
803 shall be, and hereby is amended as follows:
804 CHAPTER 18.24
805 ENFORCEMENT AND PENALTIES
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LEGISLATIVE DRAFT
806
807 18.24.010: MANDATORY AND PROHIBITIONARY NATURE OF
808 PROVISIONSENFORCEMENT RESPONSIBILITY AND AUTHORITY:
809 A. It is unlawful for any person, firm or corporation to perform any act prohibited by
810 this title, specifically chapters 18.04 through this chapter, 18.32 through 18.44, 18.48 through
811 18.64, 18.72, 18.76, 18.84 and 18.88 of this title, or to fail or to refuse to perform any act
812 required by this title and said chapters, or to aid or abet therein, or to fail or refuse to comply
813 with any valid order issued by the building official or his or her designee pursuant to the
814 provisions of this title.
815 B. No permits shall be issued to any applicant during the time such applicant fails to
816 correct any defective work or noncomplying installation of equipment after written notice by the
817 building official of the division of building and housing services or his or her designee.
818 C. Any person, firm or corporation violating any of the provisions of this title shall
819 be guilty of a misdemeanor.
820 Unless otherwise provided by this title, the building official is authorized and responsible for
821 enforcement of this title. The fire marshal or designee shall be the principal enforcement
822 officer on post construction activity with respect to the fire codes. Whenever one or more
823 violations of this title exist, any enforcement official has the authority to obtain compliance
824 subject to the provisions of this code. Unless otherwise provided, any violation of this title
825 shall be subject to the enforcement processes and penalties as set forth in this chapter.
826
827 18.24.020: CONTINUING OFFENSES DEEMED DAILY VIOLATIONSCRIMINAL
828 PENALTIES:
829 Where no other penalty is prescribed, any person convicted of violating any provision of this title
830 shall be punished as provided by section 1.12.050 of this code, or its successor section, and each
831 day that any violation of this title is permitted to continue shall constitute a separate offense.
832 Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
833 violate the provisions of this title, either by failing to do those acts required or by doing an act
834 prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
835 this title or the codes referred to herein. Each day that any violation of this title is permitted to
836 continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
837 state law.
838
839 18.24.030: CHOICE OF REMEDIES:
840 A. In addition to any criminal prosecution, this title may be enforced through
841 administrative or civil actions. The city may pursue any legal remedy to ensure compliance
842 with this title including, but not limited to, injunctive relief. The city has sole discretion over
843 which remedy or combination of remedies it may choose to pursue.
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LEGISLATIVE DRAFT
844 B. If the city elects to pursue through administrative or civil actions one or more
845 violations of the provisions of this title, a civil penalty shall be assessed for each violation in
846 the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
847 continues after notice of the same shall give rise to a separate civil fine.
848 C. The possibility of an administrative or civil remedy does not interfere with the
849 city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
850 both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
851 be assessed, but other remedies, such as orders to correct the violations or other declaratory or
852 injunctive relief, is available to the city.
853
854 D. The city may use such lawful means as are available to obtain compliance with
855 the provisions of this title and to collect the civil fines that accrue as a result of the violation of
856 the provisions of this title, including but not limited to a legal action to obtain one or more of the
857 following: an injunction, an order of mandamus, an order requiring the property owner or
858 occupant or permittee to abate the violations, an order permitting the city to enter the property
859 and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
860 including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
861 the city.
862
863 E. In addition to the other remedies provided by this title, upon the finding of a
864 violation of this title the building official may evacuate or close a building to occupancy when
865 necessary to protect the public or neighboring property from a risk to health or safety. The
866 building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
867 been issued.
868
869 F. Recurring Violations: In the case where a violation, which had been corrected,
870 reoccurs at the same property within 6 months of the initial correction and is due the actions or
871 inactions of the same responsible party as the prior violation, the city may begin enforcement of
872 said recurring violation and impose fines after a 10 day warning period.
873
874 18.24.040: NOTICE & ORDER; STOP WORK ORDER:
875 A. Notice and Order.
876 1. Upon a determination that there is a violation of this title an enforcement
877 official may provide a written notice and order to any responsible party. The written
878 notice and order shall state:
879 a. The name and address, if known, of the responsible party;
880 b. the date and location of each violation;
881 c. the code sections violated;
882 d. that the violations must be corrected;
883 e. provide a specific date by which the enforcement official orders that
884 the violations be corrected by;
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885 f. the amount of the civil fine to accrue for each violation, or other
886 enforcement action that the enforcement official intends to pursue, if
887 the violation is not corrected by the date specified;
888 g. identification of the right to and procedure to appeal; and
889 h. the signature of the enforcement official.
890 2. The enforcement official shall serve the notice and order on the
891 responsible party by:
892 a. Posting a copy of the written notice and order on the noncompliant
893 property, and
894 b. By mailing the notice and order through certified mail or reputable
895 mail tracking service that is capable of confirming delivery. If the
896 responsible party is the property owner of record, then mailing shall be
897 to the last known address appearing on the records of the Salt Lake
898 County Recorder. If the responsible party is any other person or entity
899 other than the owner of record, then mailing shall be to the last known
900 address of the responsible party on file with the city.
901 c. Notwithstanding the foregoing, personal service upon the responsible
902 party shall be sufficient to meet the notice and order mailing
903 requirements of Subsection 18.24.040.A.2.b.
904 3. Following the issuance of a notice and order, any responsible party shall
905 correct the violations specified in the notice and order. Upon correction of the violations
906 specified in the notice and order, the responsible party shall request an inspection of the
907 property.
908 4. Following a request for an inspection as set forth in Subsection
909 18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
910 determine whether the violations alleged in the notice and order have been corrected,
911 including, if applicable, all necessary permits have been issued and all final inspections
912 have been performed as required by applicable city codes.
913 5. If one or more violations are not corrected by the deadline specified in the
914 notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
915 Accumulation of civil fines for violations, but not the obligation for payment of civil
916 fines already accrued, shall stop upon correction of the violation(s) once confirmed
917 through an inspection requested pursuant to Subsection 18.24.040.A.3.
918 6. The responsible party shall have the right to contest the notice and order at
919 an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
920 administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
921 City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
922 waiver of the right to appeal.
923
924 B. Stop Work Order. Upon a determination that there is a violation of this title an
925 enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
926 issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
927 after the correction period set forth in the notice and order, then a daily civil fine in the amount
928 set forth in the Salt Lake City consolidated fee schedule shall be imposed.
26
LEGISLATIVE DRAFT
929
930 18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
931 A. Upon expiration of the correction period set forth in a notice and order or stop
932 work order, and where the violation(s) remain uncorrected, the city may record on the
933 noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
934
935 B. The recordation of a notice of noncompliance shall not be deemed an
936 encumbrance on the noncompliant property but shall merely place interested parties on notice of
937 any continuing violation of this title at the noncompliant property.
938
939 C. If a notice of noncompliance has been recorded pursuant to Section A and the
940 enforcement official determines that all violations have been corrected, the enforcement official
941 shall issue a notice of compliance by recording the notice of compliance on the property with the
942 Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
943 effect of canceling the recorded notice of noncompliance.
944
945 D. If the city files an action for injunctive relief seeking abatement of one or more
946 violations and the district court authorizes the abatement of one or more violations and the city
947 incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
948 and may be considered an encumbrance on the property.
949
950 SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
951 18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
952 Regulations) shall be, and hereby is amended as follows:
953 CHAPTER 18.28
954 SITE DEVELOPMENT REGULATIONS
955
956 18.28.010: GENERAL PROVISIONS:
957 A. Authority: This chapter is enacted pursuant to title 10 of the, Utah Code
958 Annotated, 1953, as amended. This chapter is further enacted as an element of the Salt Lake City
959 master plan.
960 B. Applicability: The provisions of this chapter shall apply to all site development
961 within Salt Lake City; however, a permit shall be required only for those types of developments
962 set forth in subsections 18.28.040A, "General Application", and 18.28.050A, "General
963 Application", of this chapter.
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LEGISLATIVE DRAFT
964 C. Purpose: This title chapter is adopted: to promote public safety and the general
965 public welfare; to protect property against loss from erosion, earth movement, earthquake
966 hazard, and flooding; to maintain a superior community environment; to provide for the
967 continued orderly growth of the city to ensure maximum preservation of the natural scenic
968 character of major portions of the city by establishing minimum standards and requirements
969 relating to land grading, excavations, and fills; and to establish procedures by which these
970 standards and requirements may be enforced. It is intended that this chapter be administered with
971 the foregoing purposes in mind and specifically to:
972 1. Ensure that the development of each site occurs in a manner harmonious
973 with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
974 and similar hazards;
975 2. Ensure that public lands and places, watercourses, streets, and all other
976 lands in the city are protected from erosion, earth movement, and drainage hazards;
977 3. Ensure that the planning, design, and construction of all development will
978 be done in a manner which provides maximum safety and human enjoyment, and, except
979 where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
980 possible;
981 4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
982 protection against erosion, earth movement, and other hazards and to aid in preservation
983 of the natural scenic qualities of the city; and
984 5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
985 appropriate earthquake hazard mitigation measures are incorporated into the planning and
986 execution of site development.
987 D. Identification Oof Fault Hazards: Pending the completion by the Utah geological
988 survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
989 existing information available from UGS or other publicly or privately prepared geological
990 reports to identify fault hazards.
991 E. Format: This chapter is designed to establish administrative and enforcement
992 procedures and minimum standards applicable to site development activities according to the
993 following categories:
994 1. Section 18.28.040 of this chapter governs site development associated
995 with construction of individual buildings under authorized building permits;
996 2. Section 18.28.050 of this chapter governs site development not requiring
997 permits under subsection E1 of this section.
998
999 18.28.020: DEFINITIONS:
1000 A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
1001 are defined as set forth below:
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LEGISLATIVE DRAFT
1002 AS GRADED: The surface conditions existent upon completion of grading.
1003 BEDROCK: In place, solid, rock.
1004 BENCH: A relatively level step excavated into earth material on which fill is to be placed.
1005 BORROW: Earth material acquired from an off site location for use in grading a site.
1006 BUILDING OFFICIAL: The director of the building and housing services department of Salt
1007 Lake City.
1008 BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
1009 alteration of a structure or building.
1010 CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
1011 required have been performed by the person or under their supervision, and that the results of
1012 such reports, inspections, and tests comply with the applicable requirements of this chapter.
1013 CITY ENGINEER: The city engineer of Salt Lake City.
1014 CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
1015 field of civil works.
1016 CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
1017 mechanics, and the properties of materials to the evaluation, design, and construction of civil
1018 works for the beneficial uses of mankind.
1019 COMPACTION: The densification of fill by mechanical means.
1020 CUBIC YARDS: The volume of material in an excavation and/or fill.
1021 CUL-DE-SAC: A street closed at one end.
1022 CUT: See definition of Excavation.
1023 DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
1024 house, garage, or other structure, to a road or street.
1025 EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
1026 ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
1027 university, with five (5) or more full years of professional postgraduate experience in the
1028 application of the geological sciences, of which three (3) full years shall be in the field of
1029 engineering geology that has required the application of geological data, techniques, and
1030 principles to engineering problems dealing with groundwater, naturally occurring rock and soil,
1031 and geologic hazards for the purpose of assuring that geological factors are recognized and
1032 adequately interpreted and presented.
1033 EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
1034 and/or ice.
29
LEGISLATIVE DRAFT
1035 EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
1036 material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
1037 shall include the conditions resulting therefrom.
1038 EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
1039 before excavation or filling.
1040 FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
1041 pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
1042 conditions resulting therefrom.
1043 FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding
1044 twelve12 inches (12") in diameter, metal, and organic material except that topsoil spread on cut
1045 and fill surfaces may incorporate humus for desirable moisture retention properties.
1046 FUEL BREAK: A strategically located strip or block of land, varying in width, on which
1047 vegetation has been modified to provide a safer place for firefighters to work and to help reduce
1048 the rate of fire spread.
1049 GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
1050 and shall include the conditions resulting from any excavation or fill.
1051 LICENSED ARCHITECT: An architect who is registered with the division of occupational and
1052 professional licensing of the state of Utah.
1053 NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
1054 topography of the earth prior to changes made by the efforts of man.
1055 ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
1056 PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
1057 zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
1058 PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
1059 horizontal run of the slope into the vertical rise of the same slope, measured between contour
1060 lines on the referenced contour map and converting the resulting figure into a percentage value.
1061 This calculation is described by the following formula:
1062
1063 S = V/H
1064 Where
1065 "S" is the percent of slope;
1066
1067 "V" is the vertical distance; and
1068
1069 "H" is the horizontal distance.
30
LEGISLATIVE DRAFT
1070
1071 PERMITTEE: Any person to which a site development permit has been issued.
1072 PERSON: Any person, firm or corporation (either public or private), the state of Utah and its
1073 agencies or political subdivisions, the United States Of America and its agencies and
1074 instrumentalities, and any agent, servant, office, or employee of any of the foregoing.
1075 PLANNING DIRECTOR: The planning director of Salt Lake City.
1076 QUARRY: An open excavation for the extraction of resources.
1077 REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
1078 division of occupational and professional licensing of the state of Utah.
1079 REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
1080 vegetation to the ground, trunks, or stumps.
1081 SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
1082 SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
1083 performed as a single unified operation.
1084 SITE DEVELOPMENT (Also Known As SITE PREPARATION): Grading and underground
1085 utility installation in preparation for an approved, pending development or use for the subject
1086 site.
1087 SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
1088 professional engineer or land surveyor based upon a contour map of the specified scale and
1089 contour interval, upon which the measured and calculated percent of slope (measured between
1090 every contour interval on the map) is classified or grouped into percentage of slope data in ten
1091 percent (10%) slope groupings as follows:
1092
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
1093
1094 SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
1095 mechanics and foundation engineering, familiar with the application of principles of soil
1096 mechanics in the investigation and analysis of the engineering properties of earth materials.
1097 SURCHARGE: The temporary placement of fill material on a site in order to compress or
1098 compact the natural soil mass.
31
LEGISLATIVE DRAFT
1099 TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
1100 professional engineers registered with the division of occupational and professional licensing of
1101 the state of Utah.
1102 VACANT: Land on which there are no structures or only structures which are secondary to the
1103 use or maintenance of the land itself.
1104
1105 18.28.030: RESERVED:
1106
1107 18.28.040: LAND DEVELOPMENT REQUIREMENTS (BUILDING SITES):
1108 A. General Application: No person or party shall cause any excavation or grading to
1109 be done on a building sitein excess of the limits set forth below without first having obtained a
1110 site development permitapproval in conjunction with the building permit process or a permit
1111 from the building official except as specified below.
1112 1. Work Requiring Separate Approval/Permit: A site development approval
1113 and/or permit shall be required in all cases where development comes under any one or
1114 more of the following provisions:
1115 a. Excavation, fill, or any combination thereof exceeding one
1116 thousand (1,000) cubic yards;
1117 b. Excavation, fill, or any combination thereof exceeding five5 feet
1118 (5') in vertical depth at its deepest point measured from the adjacent, undisturbed,
1119 ground surface;
1120 c. Excavation, fill, or any combination thereof exceeding an area of
1121 aone-half (1/2) acre;
1122 d. Excavation, fill, or any combination thereof ofexceeding seventy
1123 five percent (7510%) or more of a building site including the excavation for
1124 foundations and footings;
1125 e. Removal of vegetation from an area in excess of aone-half (1/2)
1126 acre for purposes other than agricultural;
1127 f. Engineered interior fills or surcharges.
1128 g. Commercial quarries or mining activities operating in permitted
1129 zoning districts as provided in Title 21A.
1130 2. Work Not Requiring Separate Approval/Permit: A separate site
1131 development permit shall not be required in the following cases, for issuance of a
1132 building permit shall specify approval of the required grading plan:
1133 a. Excavation below finished grade for basements and footings of
1134 buildings or other structures authorized by a valid building permit. This shall not
32
LEGISLATIVE DRAFT
1135 exempt any fill made with material from such excavation, or exempt any
1136 excavation having an unsupported height greater than five5 feet (5') after the
1137 completion of such structure.
1138 b. Removal of vegetation as part of work authorized by a valid
1139 building permit.
1140 3. Waiver: The following requirements and standards shall apply to all
1141 building sites unless deemed unwarranted by the written recommendation of the building
1142 official.
1143 B. Permits Required: Except as exempted in sSubsection A of this section, no person
1144 or party shall do or cause any grading to be done on a building site without first obtaining site
1145 development approval, or permit from the building official. A a separate approval or permit shall
1146 be required for each site, and may cover both excavation and fill.
1147 1. Application: To obtain a permit or approval the applicant shall first file an
1148 application therefor in writing on a form furnished by the building department for that
1149 purpose. Every such application shall:
1150 a. Identify and describe the work to be covered by the permit or
1151 approval for which application is made;
1152 b. Describe the land on which the proposed work is to be done by
1153 legal description, street address, or similar description that will readily identify
1154 and definitely locate the proposed work and identify lots of any platted
1155 subdivision included within the proposed building site;
1156 c. Indicate the use or occupancy for which the proposed work is
1157 intended;
1158 d. Be accompanied by plans, diagrams, computations, and
1159 specifications and other data as required;
1160 e. Be signed by property owner or permittee, or his authorized agent,
1161 who may be required to submit evidence to indicate such authority;
1162 f. Show the location of existing and proposed buildings or structures
1163 on the applicant's property, and the location of buildings or structures on adjacent
1164 properties which are within fifteen15 feet (15') of the applicant's property, or
1165 which may be affected by the proposed site development activities;
1166 g. Show the location of property lines and all existing and proposed
1167 streets, roadways, driveways, easements, and rights of way on, contiguous, or
1168 adjacent to the proposed development site;
1169 h. Show the present contours of the site in dashed lines and the
1170 proposed contours in solid lines. Contour intervals shall be not greater than two2
1171 feet (2') where slopes are predominately five percent (5%) or less, and five5 feet
1172 (5') where slopes are predominately steeper than five percent (5%). The source of
1173 all topographical information shall be indicated;
33
LEGISLATIVE DRAFT
1174 i. Show the location of all drainage to, from, and across the site, the
1175 location of intermittent and permanent streams, springs, culverts, and other
1176 drainage structures, and size and location of any precipitation catchment areas in,
1177 above, or within one hundred100 feet (100') of the site;
1178 j. IncludeShow detailed plans and location of all surface and
1179 subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and
1180 other protective devices to be constructed with, or as a part of, the proposed work,
1181 together with a map showing drainage areas, and the complete drainage network
1182 including outfall lines and natural drainageways which may be affected by the
1183 proposed project. Include the estimated runoff of the areas served by the proposed
1184 drainage system;
1185 k. Present a plan showing temporary erosion control measures to
1186 prevent erosion during the course of construction;
1187 l. All grading in excess of five thousand (5,000) cubic yards shall
1188 require professional engineering and shall be designated as "engineered grading".
1189 Any application including engineered grading shall contain a grading plan
1190 prepared by a registered professional engineer or licensed architect;
1191 m. IncludeShow a revegetation plan including:
1192 (1) A survey of existing trees, shrubs, and ground covers,
1193 (2) A plan for the proposed revegetation of the site detailing
1194 existing vegetation to be preserved, new vegetation to be planned and any
1195 modification to existing vegetation, and
1196 (3) A plan for the preservation of existing vegetation during
1197 construction activity;
1198 n. Make a statement of the estimated starting and completion dates
1199 for the grading work proposed and any revegetation work that may be required;
1200 o. Identify the type of surcharging fill material to be used on the
1201 building site;
1202 p. Estimate the amount of time surcharging fill material will be in
1203 place, and show consideration by a soils engineer of the potential for vertical and
1204 lateral soil movements on properties adjacent to the surcharge;
1205 q. Submit a copy of the recorded subdivision plat showing
1206 developable area limitations, if applicable;
1207 r. Describe the method to be employed in disposing of soil and other
1208 material that is removed from the site, including the location of the disposal site;
1209 s. Describe the method to be used in obtaining fill to be used on the
1210 site and the site of acquisition of such fill;
34
LEGISLATIVE DRAFT
1211 t. Include an engineering geology report described in Section
1212 18.28.040.C.2 if the proposed development lies within 500 feet of an identified
1213 fault. Said report may be submitted for review to the Utah geological survey by
1214 the building official.
1215 u. Applications related to commercial quarriers shall contain an
1216 acceptable plan for the eventual rehabilitation and use of the quarry site after the
1217 resources have been removed. Such a plan, at a scale of not less than one inch
1218 equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
1219 with its surroundings and in general agreement with the city’s master plan. The
1220 plan shall show the proposed treatment of any stream channel adjacent to the
1221 resource deposits during extraction operations. Limits of excavation shall be
1222 determined to protect any natural or improved channel and any nearby wooded
1223 areas considered vital to the function of the rehabilitated area. Included the
1224 estimated time period during which quarrying and land rehabilitation operations
1225 will be conducted.
1226 v. Such other information as may be required by the building official
1227 or city engineer such as slope classification map and analysis, profiles or cross
1228 sections, additional drainage calculations, soils data including a report from a
1229 registered soils engineer or other qualified person.
1230 C. Soil Engineering Report Oor Engineering Geology Required:
1231 1. Soil Engineering Report: The soil engineering report required shall
1232 include data regarding the nature, distribution, and strength of existing soils, conclusions
1233 and recommendations for grading procedures, design criteria for corrective measures
1234 when necessary, and opinions and recommendations addressing the adequacy of the site
1235 under the proposed grading plan to support the proposed development.
1236 2. Engineering Geology Report: The engineering geology report required
1237 shall include an adequate description of the geology of the site, conclusions and
1238 recommendations regarding the effect of geologic conditions on the proposed
1239 development, and opinions and recommendations addressing the adequacy of the site
1240 under the proposed grading plan to support the proposed development. This requirement
1241 may be waived by written recommendation of the building official if it is deemed
1242 unwarranted.
1243 D. Issuance: The application, plans, specifications, and other data submitted by an
1244 applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
1245 other departments or agencies to verify compliance with any applicable laws under their
1246 jurisdiction. If the building official finds that the work described in an application for a permit
1247 and the plans, specifications, and other data filed therewith conform to the requirements of this
1248 title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
1249 issue a permit therefor to the property owner or his authorized agent. When the building official
1250 issues the permit where plans are required, he shall endorse in writing or stamp the plans and
1251 specifications "APPROVED". Such approved plans and specifications shall not be changed,
1252 modified, or altered without authorization from the building official, and all work shall be done
1253 in accordance with the approved plans. The building official may require that the site
35
LEGISLATIVE DRAFT
1254 development activities and project designs or specifications be modified if delays occur which
1255 may create weather generated problems not considered at the time the permit was issued. No site
1256 alteration shall occur during the months of November through March and no applications
1257 proposing such work during that time shall be approved.
1258 E. Fees: City fees associated with reviewing and processing site development (a.k.a.
1259 "preparation") permits shall be those listed on the Salt Lake City consolidated fee schedule.
1260 F. Grading Aand Erosion Control Standards Aand Regulations: All site development
1261 work shall be accomplished in conformance to the following grading and erosion control design
1262 standards and regulations:
1263 1. Hours Oof Operation: All grading operations in or within 660 feet
1264 ofcontiguous to residential land usesneighborhoods shall be carried on between the hours
1265 of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. The building official may
1266 waive this requirement if it is shown that by restricting the hours of operation it would
1267 unduly interfere with the development of the property and it is shown that the
1268 neighboring properties would not be adversely affected.
1269 2. Dust Aand Dirt Control: All graded surfaces of any nature shall be
1270 dampened or suitably contained to prevent dust or spillage on city streets or adjacent
1271 properties. Equipment, materials, and roadways on the site shall be used or treated so as
1272 to cause the least possible annoyance due to dirt, mud, or dust conditions.
1273 3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
1274 undevelopable, (2) slope that has been altered without permits or prior approval to 30%
1275 or greater, or (3) natural slopes identified on a slope classification map of thirty percent
1276 (30%) or greater (as measured pursuant to a “ten-foot averaging” method as defined in
1277 Section 20.50.020), shall be designated undevelopable area. In no event shall streets
1278 traverse such slopes.
1279 4. Finished Cuts Aand Slopes: Limitations shall be applied to the extent of
1280 cut and fill slopes to minimize the amount of excavated surface or ground area exposed to
1281 potential erosion and settlement.
1282 a. The exposed or finished cuts or slopes of any fill or excavation
1283 shall be smoothly graded.
1284 b. All cut and fill slopes shall be recontoured and revegetated by the
1285 permittee in accordance with an approved plan.
1286 c. Cut or fill slopes shall normally be limited to fifteen15 feet (15') in
1287 vertical height. However, upon review and favorable recommendation of the city
1288 engineer and public utilities director the building official may approve cut and fill
1289 slopes exceeding fifteen15 feet (15') provided that such variations be allowed on a
1290 limited basis after thorough review of each request and only when balanced by
1291 offsetting improvements to the overall aesthetic, environmental, and engineering
1292 quality of the development.
36
LEGISLATIVE DRAFT
1293 d. No excavation creating a cut face and no fill creating an exposed
1294 surface shall have a slope ratio exceeding one and one- half horizontal to one
1295 vertical (11/2:1).
1296 e. Exceptions:
1297 (1) No slopes shall cut steeper than the bedding plane, fracture,
1298 fault, or joint in any formation where the cut slope will lie on the dip of
1299 the strike line of the bedding plane, fracture, fault, or joint.
1300 (2) No slopes shall be cut in an existing landslide, mudflow, or
1301 other form of naturally unstable slope except as recommended by a
1302 qualified geological engineer.
1303 (3) Where the formation is exposed above the top of the cut
1304 which will permit the entry of water along bedding planes, this area shall
1305 be sealed with a compacted soil blanket having a minimum thickness of
1306 two2 feet (2'). The soil for this blanket shall be relatively impervious and
1307 shall be approved by the soils engineer or engineering geologist.
1308 f. If the material of a slope is of such composition and character as to
1309 be unstable under the anticipated maximum moisture content, the slope angle
1310 shall be reduced to a stable value or retained by a method approved by the city
1311 engineer and certified as to its stability by a soils engineer or geologist. Said
1312 retaining method shall include design provisions which are:
1313 (1) Conducive to revegetation for soil stability and visual
1314 impact;
1315 (2) Used for selected areas of the site and not as a general
1316 application; and
1317 (3) Limited to tiers each of which is no higher than six6 feet
1318 (6'), separated by plantable terraces a minimum of two2 feet (2') in width;
1319 g. Any retaining system shall remain and be maintained on the lots
1320 until plans for construction are approved and a building permit is issued. The
1321 plans shall include provisions to integrate driveway access to the lot while
1322 maintaining the structural integrity of the retaining system.
1323 h. The building officialcity engineer may require the slope of a cut or
1324 fill to be made more level if at any time it is found that the material being, or the
1325 fill, is unusually subject to erosion, static or dynamic instability, or if other
1326 conditions make such requirements necessary for stability.
1327 i. Driveways leaving public rights of way shall not exceed a
1328 maximum change in grade angle of six percent (6%) transition over an eleven11
1329 foot (11') run. The slope should be transitioned beyond property line no more than
1330 an average sixteen percent (16%) grade. Parking structures may allow a maximum
1331 change in grade angle of ten percent (10%) with a minimum ten10 foot (10') run.
37
LEGISLATIVE DRAFT
1332 Maximum sight distance should be encouraged with blind entrances or other sight
1333 obstructions complying with the Sight Distance Triangle Requirements as defined
1334 and illustrated in Chapter 21A.62transportation division's standard E2.c1 "clear
1335 site zone area" or its successor.
1336 5. Abatement Oof Hazardous Conditions:
1337 a. If, at any stage of grading, the building official or city engineer
1338 determines by inspection that the nature of the formation is such that further work
1339 as authorized by an existing permit is likely to imperil any property, public way,
1340 watercourse, or drainage structure, the building official or city engineer shall
1341 require, as condition to allowing the work to proceed, that reasonable safety
1342 precautions be taken as are considered advisable to avoid likelihood of such peril.
1343 Such precautions may include, but shall not be limited to, any of the following:
1344 (1) Specification of a more level exposed slope;
1345 (2) Construction of additional drainage facilities, berms, or
1346 terraces;
1347 (3) Compaction or cribbing;
1348 (4) Installation of plants for erosion control; and/or
1349 (5) Reports from a registered soils engineer and/or engineering
1350 geologist whose recommendations may be made requirements for further
1351 work.
1352 Such requirements by the building officialplanning director or city engineer shall
1353 constitute a required change order in the work to be performed under permit. Said
1354 changes may be required to be reflected in amended plans.
1355 b. Where it appears that damage from storm drainage may result from
1356 work performed hereunder, such work may be stopped and the permittee required
1357 to take such measures as may be necessary to protect adjoining property or the
1358 public safety. On large operations, or where unusual site conditions exist, the
1359 building official or city engineer may specify the time at which grading may
1360 proceed and the time of completion or may require that the operation be
1361 conducted in specific stages so as to ensure completion of protective measures or
1362 devices prior to the advent of seasonal rains.
1363 6. Fill Material Aand Compaction:
1364 a. Fill Material: All fill shall be earth, rock, or inert material free
1365 from organic material and free of metal, except that topsoil spread on cut and fill
1366 surfaces may incorporate humus for desirable moisture retention properties. Fill
1367 not meeting the definition above shall be placed only in an approved public or
1368 private landfill or other approved deposit site.
38
LEGISLATIVE DRAFT
1369 b. Backfillings: Any pipe trench or trenching, or excavation made in
1370 any slope of any excavated or filled site, shall be backfilled and compacted to the
1371 level of the surrounding grade.
1372 c. Compaction Oof Fills: Unless otherwise directed by the building
1373 official, all fills governed by this title, intended to support building, structures, or
1374 where otherwise required to be compacted for stability, shall be compacted,
1375 inspected, and tested in accordance with the following provisions:
1376 (1) The natural ground surface shall be prepared by removal of
1377 topsoil and vegetation, and, if necessary, shall be graded to a series of
1378 terraces. If fill material unacceptable under subsection F6a of this section
1379 is placed on the site, or the fill is not placed according to procedures of
1380 this title, then it must be removed.
1381 (2) The fill shall be spread and compacted in accordance with
1382 the city engineer's approved standards.
1383 (3) The moisture content of the fill material shall be controlled
1384 at the time of spreading and compaction to obtain required maximum
1385 density.
1386 (4) A written report of the completed compaction, showing
1387 location and depth of test holes, materials used, moisture conditions,
1388 recommended soil bearing pressures, and relative density obtained from
1389 all tests, prepared by a civil engineer or soils engineer licensed by the state
1390 of Utah, or testing laboratory shall be submitted to the building official,
1391 who shall rely on the expertise of the city engineer for review.
1392 (5) The building official or city engineer may require
1393 additional tests or information if, in his opinion, the conditions or
1394 materials are such that additional information is necessary, and may
1395 modify or delete any of the above listed requirements that, in his opinion,
1396 are unnecessary to further the purpose of this title.
1397 7. Surcharging: Surcharges shall consist of earth material and shall be
1398 applied in such a manner as to have no effect on soil stability on adjacent or neighboring
1399 properties.
1400 G. Erosion Control Aand Revegetation: All cut and fill surfaces created by grading
1401 shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
1402 stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
1403 are required to be landscaped according to a revegetation plan approved by the city. All plant
1404 selections must be approved by the parks department and building official prior to approval.
1405 H. Drainage:
1406 1. Adequate provisions shall be made to prevent any surface waters from
1407 damaging the cut face of an excavation or any portion of a fill. All drainage ways and
1408 structures shall carry surface waters, without producing erosion, to the nearest practical
39
LEGISLATIVE DRAFT
1409 street, storm drain, or natural watercourse as approved by the city engineer. The city
1410 engineer may also require drainage structures to be constructed, or installed as necessary
1411 to prevent erosion damage or to prevent saturation of the fill or material behind cut
1412 slopes.
1413 2. An excess stormwater passage shall be provided for all stormwater storage
1414 areas. Such passage shall have capacity to convey through the proposed development the
1415 excess stormwater from the tributary watershed. The capacity of such excess stormwater
1416 passages shall be constructed in such a manner as to transport the peak rate of runoff
1417 from a 100-year return frequency storm assuming all storm sewers are inoperative, all
1418 upstream areas are fully developed in accordance with the city's current land use plan,
1419 and that antecedent rainfall has saturated the tributary watershed.
1420 3. No buildings or structures shall be constructed within such passage,
1421 however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
1422 easements, and other open space uses shall be considered compatible uses. In the event
1423 such passageway is reshaped or its capacity to transport excess stormwater is otherwise
1424 restricted during or after construction, the building official or city engineer shall notify
1425 the agency, party, or parties causing said restriction to remove the same and set a
1426 reasonable time for its removal. If said parties refuse to, or are unable to, comply with
1427 said order, the building official or city engineer shall cause said restrictions to be
1428 removed at the expense of said parties. Where a proposed development contains existing
1429 natural drainage, appropriate planning measures shall be undertaken or required to
1430 preserve and maintain said natural drainage as part of the excess stormwater passage.
1431 4. Notwithstanding any other provisions of this title, whenever, in the
1432 judgment of the building official or city engineer, a condition occurs in a stormwater
1433 storage area or passageway that creates a dangerous and imminent health and safety
1434 hazard, the building official or city engineer shall order such action as shall be effective
1435 immediately or in the time manner prescribed in the order itself.
1436 I. Setbacks: The setback and other restrictions specified in this section are minimum
1437 and may be increased by the building official or by the recommendation of a civil engineer, soils
1438 engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
1439 adjacent properties from deposition or erosion, or to provide access for slope maintenance and
1440 drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
1441 the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
1442 reduce the required setbacks when approved by the building official.
1443 1. Setbacks Ffrom Property Lines: The toes and tops of cut and fill slopes
1444 where no structures are located shall be set back from the outer boundaries of a "permit
1445 area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
1446 right areas, and easements, in accordance with the table and figure 2 of this section.
1447 SETBACKS FROM PERMIT AREA BOUNDARY
1448
a =Setback distance at toe1449
40
LEGISLATIVE DRAFT
b =Setback at top
H =Height from toe to top of cut/fill slope
1449
H a b1
Less than 5'0 1'
5' to 30'H/2 H/5
Over 30'15'6'
1450
1451 Note:
1452 1. Additional width may be required for interceptor drain.
1453 FIGURE 2
1454
1455 2. Setback Ffrom Structures: Setback from cut or fill slopes and structures
1456 shall be provided in accordance with figure 3 of this section.
1457 FIGURE 3
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LEGISLATIVE DRAFT
1458
1459 3. Setbacks Ffrom Faults: No structure shall be located over a fault. Determinations
1460 of the appropriate setback distance from the fault shall be made based on recommendations
1461 contained in the geological report required by subsection C of this section.
1462 J. Site Development Inspections:
1463 1. Special Inspections: All site development activities for which a permit or
1464 approval is required shall be subject to inspection by the building official. Special
1465 inspections of grading operations and special testing shall be performed to ensure
1466 conformity with approved plans and specifications. The following special inspections and
1467 testing are required:
1468 a. Fills:
1469 (1) The site is to be inspected prior to placement of fill
1470 material.
1471 (2) The fill material is to be inspected prior to placement on the
1472 site.
1473 (3) Final compaction of fill is to be tested.
1474 (4) The final grade is to be inspected.
1475 (5) Revegetation will be inspected during planting, upon
1476 planting completion, and again prior to bond release where applicable.
1477 b. Cuts:
1478 (1) The site is to be inspected prior to cutting or removing
1479 material.
1480 (2) The grade is to be inspected after cutting.
1481 (3) Revegetation will be inspected during planting, upon
1482 planting completion, and again prior to bond release where applicable.
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LEGISLATIVE DRAFT
1483 2. Inspection Schedule Aand Enforcement: At the time the site development
1484 permit or approval is issued, the building official shall establish the stage of development
1485 at which required inspections shall be made. In order to obtain inspections, the permittee
1486 shall notify the city of readiness at least twenty four (24) hours before said inspection is
1487 to be made. Where it is found by inspection that conditions are not substantially as stated
1488 or shown on the approved plans, the building official or his inspectors shall may stop
1489 further work until approval is obtained for amended plans.
1490 K. Completion Oof Work:
1491 1. Final Reports: Upon completion of the rough grading work and again at
1492 the final completion of the work, reports, drawings, and supplements thereto will be
1493 required as follows:
1494 a. An "as graded" grading plan, prepared by a civil engineer,
1495 including original ground surface elevations, lot drainage patterns, and locations
1496 and elevations of all surface and subsurface drainage facilities. The engineer shall
1497 verify that the work was done in accordance with the final approved site
1498 development plan.
1499 b. A soil grading report, prepared by a soils engineer, including
1500 location and elevations of field density tests, summaries of field and laboratory
1501 tests and other substantiating data, and comments on any changes made during
1502 grading and their effect on the recommendations made in the soil engineering
1503 investigation report. The soils engineer shall verify the adequacy of the site for the
1504 intended use.
1505 c. A geologic grading report, prepared by an engineering geologist,
1506 including a final description of the geology of the site including any new
1507 information disclosed during the grading and the effect of the same on
1508 recommendations incorporated in the approved site development plan. The
1509 engineering geologist shall verify the adequacy of the site for the intended use as
1510 affected by geologic factors. This requirement may be modified or waived in
1511 writing by the building official if circumstances warrant.
1512 2. Notification Oof Completion: The permittee, or his authorized agent, shall
1513 notify the building official when the grading operation is ready for final inspection. Final
1514 approval shall not be given until all work, including installation of all drainage facilities
1515 and their protective devices and all erosion control measures including revegetation, have
1516 been completed in accordance with the final approved site development plan and the
1517 required reports have been submitted.
1518
1519 18.28.050: RESERVEDINDEPENDENT SITE DEVELOPMENT ACTIVITIES:
1520 A. General Application: No person shall commence, perform, or cause any grading
1521 to be done in excess of the limits specified below without first obtaining a site development
1522 permit. A separate independent site development permit not otherwise required under section
43
LEGISLATIVE DRAFT
1523 10.28.040 of this chapter shall be required for each site on which grading is to be done as
1524 specified in subsection A1 of this section.
1525 1. General: A site development permit shall be required in all cases where
1526 development comes under any one or more of the following provisions:
1527 a. Excavation, fill, or any combination thereof exceeding one thousand
1528 (1,000) cubic yards;
1529 b. Excavation, fill, or any combination thereof exceeding five feet (5') in
1530 vertical depth at its deepest point measured from the adjacent, undisturbed, ground
1531 surface;
1532 c. Excavation, fill, or any combination thereof exceeding an area of one-half
1533 (1/2) acre;
1534 d. Excavation, fill, or any combination thereof exceeding seventy five
1535 percent (75%) of a building site including the excavation for foundations and footings;
1536 e. Removal of vegetation from an area in excess of one-half (1/2) acre for
1537 purposes other than agricultural;
1538 f. Engineered interior fills or surcharges;
1539 g. Fuel break for fire protection purposes;
1540 h. Commercial quarries or mining activities operating in appropriate
1541 industrial zone as provided in the Salt Lake City zoning ordinance;
1542 2. Waiver: All of the following requirements and standards shall apply unless
1543 deemed unwarranted by the building official and waived in writing.
1544 B. Permit Application: Each application for an independent site development permit
1545 shall be made by the owner of the property, or the owner's authorized agent, to the building
1546 official on a form furnished for that purpose. The application shall include:
1547 1. Required Information: Three (3) copies of plot plans of the property,
1548 drawn to scale, which:
1549 a. Identify and describe the work to be covered by the permit for which
1550 application is made;
1551 b. Describe the land on which the proposed work is to be done by legal
1552 description, street address, or similar description that will readily identify and definitely
1553 locate the proposed work and identify lots of any platted subdivision included within the
1554 proposed building site;
1555 c. Indicate the use or occupancy for which the proposed work is intended;
1556 d. Be accompanied by plans, diagrams, computations, and specifications and
1557 other data as required;
44
LEGISLATIVE DRAFT
1558 e. Be signed by property owner or permittee, or his authorized agent, who
1559 may be required to submit evidence to indicate such authority;
1560 f. Location of existing and proposed buildings or structures on the
1561 applicant's property, and the location of buildings or structures on adjacent properties
1562 which are within fifteen feet (15') of the applicant's property, or which may be affected
1563 by the proposed site development activities;
1564 g. Location of property lines and all existing and proposed streets, roadways,
1565 driveways, easements, and rights of way on, contiguous, or adjacent to the proposed
1566 development site;
1567 h. The present contours of the site in dashed lines and the proposed contours
1568 in solid lines. Contour intervals shall be not greater than two feet (2') where slopes are
1569 predominately five percent (5%) or less, and five feet (5') where slopes are predominately
1570 steeper than five percent (5%). The source of all topographical information shall be
1571 indicated;
1572 i. The location of all drainage to, from, and across the site, the location of
1573 intermittent and permanent streams, springs, culverts, and other drainage structures, and
1574 size and location of any precipitation catchment areas in, above, or within one hundred
1575 feet (100') of the site;
1576 j. Detailed plans and location of all surface and subsurface drainage devices,
1577 walls, dams, sediment basins, storage reservoirs, and other protective devices to be
1578 constructed with, or as a part of, the proposed work, together with a map showing
1579 drainage areas, and the complete drainage network including outfall lines and natural
1580 drainageways which may be affected by the proposed project. Include the estimated
1581 runoff of the areas served by the proposed drainage system;
1582 k. Plan showing temporary erosion control measures to prevent erosion
1583 during the course of construction;
1584 l. All grading in excess of five thousand (5,000) cubic yards shall require
1585 professional engineering and shall be designated as "engineered grading". Any
1586 application including engineered grading shall contain a grading plan prepared by a
1587 registered professional engineer or licensed architect;
1588 m. A revegetation plan including:
1589 (1) A survey of existing trees, shrubs, and ground covers,
1590 (2) A plan for the proposed revegetation of the site detailing existing
1591 vegetation to be preserved, new vegetation to be planned and any modification to
1592 existing vegetation, and
1593 (3) A plan for the preservation of existing vegetation during
1594 construction activity;
1595 n. Statement of the estimated starting and completion dates for the grading
1596 work proposed and any revegetation work that may be required;
45
LEGISLATIVE DRAFT
1597 o. Identify the type of surcharging fill material to be used on the building
1598 site;
1599 p. Estimate the amount of time surcharging fill material will be in place, and
1600 show consideration by a soils engineer of the potential for vertical and lateral soil
1601 movements on properties adjacent to the surcharge;
1602 q. A description of the method to be employed in disposing of soil and other
1603 material that is removed from the site, including the location of the disposal site;
1604 r. A description of the method to be used in obtaining fill to be used on the
1605 site and the site of acquisition of such fill;
1606 s. If the proposed development lies within five hundred feet (500') of an
1607 identified fault, a geological report and verification as per subsection 18.28.040C2 of this
1608 chapter will be required. Said report may be submitted for review to the Utah geological
1609 survey by the building official;
1610 t. If applicable, submit a copy of the recorded subdivision plat showing
1611 developable area limitations;
1612 u. Application for commercial quarries shall contain an acceptable plan for
1613 the eventual rehabilitation and use of the quarry site after the resources have been
1614 removed. Such a plan, at a scale of not less than one inch equals one hundred feet (1" =
1615 100') with contour intervals not greater than five feet (5'), shall be compatible with its
1616 surroundings and in general agreement with the city's master plan. The plan shall show
1617 the proposed treatment of any stream channel adjacent to the resource deposits during
1618 extraction operations. Limits of excavation shall be determined to protect any natural or
1619 improved channel and any nearby wooded areas considered vital to the function of the
1620 rehabilitated area. Include the estimated time period during which quarrying and land
1621 rehabilitation operations will be conducted.
1622 2. Additional Information Which May Be Required: The following
1623 information shall be provided in triplicate if requested by the building official or city
1624 engineer:
1625 a. Slope classification map and analysis;
1626 b. Profiles or cross sections;
1627 c. Additional drainage calculations;
1628 d. Soils data including a report from a registered soils engineer,
1629 engineering geologist, or other qualified person;
1630 e. Statement of the estimated starting and completion dates for the
1631 grading work proposed and any revegetation work that may be required.
1632 f. Detailed revegetation plans for the site and, if appropriate,
1633 information relating to the landscaping on adjacent or surrounding areas affected
1634 by the proposed development. Such revegetation plans shall be prepared by a
46
LEGISLATIVE DRAFT
1635 licensed engineer, architect, landscape architect, or other qualified person. These
1636 plans shall show:
1637 (1) Distribution of plants, existing trees, and work involved as
1638 related to slope control and/or physical environment;
1639 (2) A plan describing the methods of planting the areas to be
1640 landscaped with special emphasis on soil preparation, plant selection,
1641 methods of planting, and initial maintenance of plants and slopes until a
1642 specified percentage of plant coverage is uniformly established on cut and
1643 fill slopes;
1644 (3) Such other and further details as may be specified by the
1645 building official or city engineer to carry out the purpose of this title. All
1646 such plans shall bear the name of the person responsible for the
1647 preparation of the plan;
1648 (4) The revegetation plan will be submitted by the building
1649 official to the Salt Lake City parks department's landscape architect for
1650 review.
1651 g. Such other information as shall be required by the building official
1652 or city engineer.
1653 3. Fee: Each site development application made independent and separate from a
1654 building permit application shall be accompanied by payment of an application fee
1655 pursuant to the Salt Lake City consolidated fee schedule.
1656 C. Granting Permit: To further the specific purposes of this title as set forth in
1657 subsection 18.28.010C of this chapter, the following procedures are established:
1658 1. Referrals: The application shall be referred by the building official to the
1659 city engineer and planning director for review. Further, applications may also be referred
1660 to the Utah geological survey and other appropriate advisors for comments and
1661 recommendations as deemed necessary or appropriate.
1662 2. Conformity To Plans: The building official shall be responsible to arrange
1663 for required inspections by appropriate inspectors who shall either approve that portion of
1664 the work completed or shall notify the permittee wherein the same fails to comply with
1665 this title. Where it is found by inspection that conditions are not substantially as stated or
1666 shown in the site development permit applications, the inspector shall stop further work
1667 until the work conforms to the approved plan or approval is obtained for revised plans.
1668 3. Abatement Of Hazardous Conditions: If, at any stage of site development,
1669 the building official determines by inspection that the work is creating hazardous
1670 conditions, he may suspend the work until provisions for abatement and/or correction are
1671 completed as set forth in subsection E of this section.
1672 D. Inspections:
47
LEGISLATIVE DRAFT
1673 1. Inspection Schedule: At the time a site development permit is issued, the
1674 building official shall establish the stages of development at which inspections required
1675 by subsection 18.28.040J of this chapter shall be made. In order to obtain inspections, the
1676 permittee shall notify the city of readiness at least twenty four (24) hours before said
1677 inspection is to be made.
1678 2. Conformity To Plans: The building official shall be responsible to arrange
1679 for required inspections by appropriate inspectors who shall either approve that portion of
1680 the work completed or shall notify the permittee wherein the same fails to comply with
1681 this title. Where it is found by inspection that conditions are not substantially as stated or
1682 shown in the site development permit applications, the inspector shall stop further work
1683 until the work conforms to the approved plan or approval is obtained for revised plans.
1684 3. Abatement Of Hazardous Conditions: If, at any stage of site development,
1685 the building official determines by inspection that the work is creating hazardous
1686 conditions, he may suspend the work until provisions for abatement and/or correction are
1687 completed as set forth in subsection E of this section.
1688 E. Grading And Erosion Control Design Standards And Regulations: All site
1689 development work shall be accomplished in conformance to the following provisions:
1690 1. Hours Of Operation: All grading operations in or contiguous to residential
1691 neighborhoods shall be carried on between the hours of seven o'clock (7:00) A.M. and
1692 five thirty o'clock (5:30) P.M. The city engineer may waive this requirement if it is
1693 shown that by restricting the hours of operation it would unduly interfere with the
1694 development of the property and it is shown that the neighboring properties would not be
1695 adversely affected.
1696 2. Dust And Dirt Control: All graded surfaces of any nature shall be
1697 dampened or suitably contained to prevent dust or spillage on city streets or adjacent
1698 properties. Equipment, materials, and roadways on the site shall be used or treated so as
1699 to cause the least possible annoyance due to dirt, mud, or dust conditions.
1700 3. Undevelopable Slopes: Any natural slopes identified on a slope
1701 classification map of thirty percent (30%) or greater, shall be designated undevelopable
1702 area. Said slope, if retained within the subdivision, may be designated and maintained as
1703 common area. In no event shall streets traverse such slopes.
1704 4. Finished Cuts And Slopes: Limitations shall be applied to the extent of cut
1705 and fill slopes to minimize the amount of excavated surface or ground area exposed to
1706 potential erosion and settlement.
1707 a. The exposed or finished cuts or slopes of any fill or excavation
1708 shall be smoothly graded.
1709 b. All cut and fill slopes shall be recontoured and revegetated by the
1710 subdivider in accordance with an approved plan.
1711 c. Cut or fill slopes shall normally be limited to fifteen feet (15') in
1712 vertical height. However, upon review and favorable recommendation of the city
48
LEGISLATIVE DRAFT
1713 engineer and public utilities director the building official may approve cut and fill
1714 slopes exceeding fifteen feet (15') provided that such variations be allowed on a
1715 limited basis after thorough review of each request and only when balanced by
1716 offsetting improvements to the overall aesthetic, environmental, and engineering
1717 quality of the development.
1718 d. No excavation creating a cut face and no fill creating an exposed
1719 surface shall have a slope ratio exceeding one and one- half horizontal to one
1720 vertical (11/2:1).
1721 e. Exceptions:
1722 (1) No slopes shall cut steeper than the bedding plane, fracture,
1723 fault, or joint in any formation where the cut slope will lie on the dip of
1724 the strike line of the bedding plane, fracture, fault, or joint.
1725 (2) No slopes shall be cut in an existing landslide, mudflow, or
1726 other form of naturally unstable slope except as recommended by a
1727 qualified geological engineer.
1728 (3) Where the formation is exposed above the top of the cut
1729 which will permit the entry of water along bedding planes, this area shall
1730 be sealed with a compacted soil blanket having a minimum thickness of
1731 two feet (2'). The soil for this blanket shall be relatively impervious and
1732 shall be approved by the soils engineer or engineering geologist.
1733 f. If the material of a slope is of such composition and character as to
1734 be unstable under the anticipated maximum moisture content, the slope angle
1735 shall be reduced to a stable value or retained by a method approved by the city
1736 engineer and certified as to its stability by a soils engineer or geologist. Said
1737 retaining method shall include design provisions which are:
1738 (1) Conducive to revegetation for soil stability and visual
1739 impact;
1740 (2) Used for selected areas of the site and not as a general
1741 application; and
1742 (3) Limited to tiers each of which is no higher than six feet (6'),
1743 separated by plantable terraces a minimum of two feet (2') in width;
1744 g. Any retaining system shall remain and be maintained on the lots
1745 until plans for construction are approved and a building permit is issued. The
1746 plans shall include provisions to integrate driveway access to the lot while
1747 maintaining the structural integrity of the retaining system.
1748 h. The building official may require the slope of a cut or fill to be
1749 made more level if at any time it is found that the material being, or the fill, is
1750 unusually subject to erosion, static or dynamic instability, or if other conditions
1751 make such requirements necessary for stability.
49
LEGISLATIVE DRAFT
1752 5. Abatement Of Hazardous Conditions:
1753 a. If, at any stage of grading, the planning director or city engineer
1754 determines by inspection that the nature of the formation is such that further work
1755 as authorized by an existing permit is likely to imperil any property, public way,
1756 watercourse, or drainage structure, the planning director or city engineer shall
1757 require, as condition to allowing the work to proceed, that reasonable safety
1758 precautions be taken as are considered advisable to avoid likelihood of such peril.
1759 Such precautions may include, but shall not be limited to, any of the following:
1760 (1) Specification of a more level exposed slope;
1761 (2) Construction of additional drainage facilities, berms, or
1762 terraces;
1763 (3) Compaction or cribbing;
1764 (4) Installation of plants for erosion control; and/or
1765 (5) Reports from a registered soils engineer and/or engineering
1766 geologist whose recommendations may be made requirements for further
1767 work.
1768 Such requirements by the planning director or city engineer shall constitute a
1769 required change order in the work to be performed under permit. Said changes
1770 may be required to be reflected in amended plans.
1771 b. Where it appears that damage from storm drainage may result from
1772 work performed hereunder, such work may be stopped and the permittee required
1773 to take such measures as may be necessary to protect adjoining property or the
1774 public safety. On large operations, or where unusual site conditions exist, the
1775 planning director or city engineer may specify the time at which grading may
1776 proceed and the time of completion or may require that the operation be
1777 conducted in specific stages so as to ensure completion of protective measures or
1778 devices prior to the advent of seasonal rains.
1779 6. Fill Material And Compaction:
1780 a. Fill Material: All fill shall be earth, rock, or inert material free
1781 from organic material and free of metal, except that topsoil spread on cut and fill
1782 surfaces may incorporate humus for desirable moisture retention properties. Fill
1783 not meeting the definition above shall be placed only on approved public or
1784 private landfills or other approved deposit sites.
1785 b. Backfillings: Any pipe trench or trenching, or excavation made in
1786 any slope of any excavated or filled site, shall be backfilled and compacted to the
1787 level of the surrounding grade.
1788 c. Compaction Of Fills: Unless otherwise directed by the building
1789 official or city engineer, all fills governed by this title, intended to support
1790 building structures, or where otherwise required to be compacted for stability,
50
LEGISLATIVE DRAFT
1791 shall be compacted, inspected, and tested in accordance with the following
1792 provisions:
1793 (1) The natural ground surface shall be prepared by removal of
1794 topsoil and vegetation, and if necessary shall be graded to a series of
1795 terraces. If fill material unacceptable under subsection E6a of this section
1796 is placed on the site, or the fill is not placed according to procedures of
1797 this title, then it must be removed.
1798 (2) The fill shall be spread and compacted in accordance with
1799 the city engineer's approved standards.
1800 (3) The moisture content of the fill material shall be controlled
1801 at the time of spreading and compaction to obtain required maximum
1802 density.
1803 (4) A written report of the completed compaction, showing
1804 location and depth of test holes, materials used, moisture conditions,
1805 recommended soil bearing pressures, and relative density obtained from
1806 all tests, prepared by a civil engineer or soils engineer licensed by the state
1807 of Utah, or testing laboratory shall be submitted to the building official,
1808 who will submit it to the city engineer for review.
1809 (5) The building official or city engineer may require
1810 additional tests or information if, in his opinion, the conditions or
1811 materials are such that additional information is necessary, and may
1812 modify or delete any of the above listed requirements that, in his opinion,
1813 are unnecessary to further the purpose of this title.
1814 7. Erosion Control And Revegetation: All cut and fill surfaces created by
1815 grading shall be planted with a ground cover that is a drought resistant variety. Topsoils
1816 are to be stockpiled during rough grading and used on cut and fill slopes. Cuts and fills
1817 along public roads are required to be landscaped according to a revegetation plan
1818 approved by the city. All plant selections must be approved by the parks department and
1819 building official prior to subdivision approval.
1820 8. Drainage:
1821 a. Adequate provisions shall be made to prevent any surface waters
1822 from damaging the cut face of an excavation or any portion of a fill. All drainage
1823 ways and structures shall carry surface waters, without producing erosion, to the
1824 nearest practical street, storm drain, or natural watercourse as approved by the city
1825 engineer. The city engineer may also require drainage structures to be
1826 constructed, or installed as necessary to prevent erosion damage or to prevent
1827 saturation of the fill or material behind cut slopes.
1828 b. An excess stormwater passage shall be provided for all stormwater
1829 storage areas. Such passage shall have capacity to convey through the proposed
1830 development the excess stormwater from the tributary watershed. The capacity of
1831 such excess stormwater passages shall be constructed in such a manner as to
51
LEGISLATIVE DRAFT
1832 transport the peak rate of runoff from a 100-year return frequency storm assuming
1833 all storm sewers are inoperative, all upstream areas are fully developed in
1834 accordance with the city's current land use plan, and that antecedent rainfall has
1835 saturated the tributary watershed.
1836 c. No buildings or structures shall be constructed within such
1837 passage, however, streets, parking lots, playgrounds, park areas, pedestrian
1838 walkways, utility easements, and other open space uses shall be considered
1839 compatible uses. In the event such passageway is reshaped or its capacity to
1840 transport excess stormwater is otherwise restricted during or after construction,
1841 the city engineer shall notify the agency, party, or parties causing said restriction
1842 to remove the same and set a reasonable time for its removal. If said parties refuse
1843 to, or are unable to, comply with said order, the city engineer shall cause said
1844 restrictions to be removed at the expense of said parties. Where a proposed
1845 development contains existing natural drainage, appropriate planning measures
1846 shall be undertaken or required to preserve and maintain said natural drainage as
1847 part of the excess stormwater passage.
1848 d. Notwithstanding any other provisions of this title, whenever, in the
1849 judgment of the city engineer, a condition occurs in a stormwater storage area or
1850 passageway that creates a dangerous and imminent health and safety hazard, the
1851 city engineer shall order such action as shall be effective immediately or in the
1852 time manner prescribed in the order itself.
1853 9. Surcharging: Surcharges shall consist of earth material and shall be
1854 applied in such a manner as to have no effect on soil stability on adjacent or neighboring
1855 properties.
1856 10. No Structure Shall Be Located Over A Fault: Determinations of the
1857 appropriate setback distance from the fault shall be made based on recommendations
1858 contained in the geological report as per subsection 18.28.040C2 of this chapter.
1859
1860 18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
1861 DENIAL, AND ENFORCEMENT ACTIONS:
1862 A. Interpretation; Conflicts:
1863 1. Minimum Requirements: In their interpretation and application, provisions
1864 of this chapter shall be held to be minimum requirements, except where expressly stated
1865 to be maximum requirements. No intent is made to impair, or interfere with, any private
1866 restrictions placed upon any property by covenant or deed; provided, however, that where
1867 this chapter imposes higher standards or greater restrictions the provisions of this chapter
1868 shall govern.
1869 2. Application Oof Most Restrictive Standard: Whenever any provision of
1870 this chapter or any other provision of law, whether set forth in this chapter or in any other
1871 law, ordinance, or resolution of any kind, imposes overlapping or contradictory
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1872 regulations over the development of land, the most restrictive standards or requirements
1873 shall govern.
1874 B. Retention Oof Plans: Plans, specifications, and reports for all site development
1875 submitted to Salt Lake City for approval shall be retained by Salt Lake City.
1876 C. Expiration, Renewals, Aand Extensions Oof Permit: Every site development
1877 permit or approval shall expire by limitation and become null and void if the work authorized by
1878 such permit or approvals has not been commenced within one hundred eighty (180) days, or if
1879 the work is suspended or abandoned for a period of one hundred eighty (180) days at any time
1880 after the work is commenced. Before such work can recommence, the permit shall first be
1881 renewed by the building official and the renewal fee shall be one-half (1/2) the amount required
1882 for a new permit for such work, provided no changes have been made or will be made in the
1883 original plans or scope of such work, otherwise a full fee may be required as determined by the
1884 building official. Any modifications to the original approved work that is related to a
1885 development for which the Salt Lake City planning commission granted approval, may require
1886 subsequent review and decision by the planning commission as determined by the planning
1887 director.
1888 D. Appeals:
1889 1. Filing: Any applicant aggrieved by a determination of any administrative official
1890 in relation to this chapter may appeal such determination to the appeals hearing officerboard of
1891 appeals and examiners pursuant to Chapter 18.12section 21A.16.030 of this code.
1892 2. Effect Oof Administrative Appeal: In the event of an appeal pursuant to the
1893 provisions above, the effect of such filing shall act to stay any and all further action and work
1894 pending the determination of the matter on appeal.
1895 E. General Grounds Ffor Denial: Factors, in addition to deviation from provisions of
1896 this chapter, which may be grounds for denial of a site development permit or approval shall
1897 include, but not be limited to:
1898 1. Possible or potential saturation of fill and/or unsupported cuts by water
1899 (both natural and/or domestic);
1900 2. Runoff surface waters that produce unreasonable erosion and/or silting of
1901 drainageways;
1902 3. Subsurface conditions (such as rock strata and faults, soil or rock
1903 materials, types of formations, etc.) which when disturbed by the proposed site
1904 development activity, may create earth movement and/or produce slopes that cannot be
1905 landscaped;
1906 4. Result in excessive and unnecessary scarring of the natural landscape
1907 through grading or removal of vegetation.
1908 F. Prohibited Activities:
1909 1. Removal Oof Topsoil: It shall be unlawful to remove topsoil for purposes
1910 of resale when unrelated to a bona fide purpose of site development contemplated under
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1911 this chapter. The provisions of this chapter shall not be construed as permitting the
1912 removal of topsoil solely for resale.
1913 2. Nuisance: It shall be unlawful to create or maintain a condition which
1914 creates a public or private nuisance. After notice by the city, owners shall be strictly
1915 responsible to take any necessary action to correct or abate such nuisance. Further, this
1916 chapter shall not be construed to authorize any person or owner to create or maintain a
1917 private or public nuisance upon real property and compliance with the provisions of this
1918 chapter shall not be a defense in any action to abate such nuisance.
1919 G. Permit Oor Approval Revocation: In the event the building official or city
1920 engineer requests that a site development permit or approval be permanently suspended or
1921 revokesd a site development permit any aggrieved party may appeal such decision pursuant to
1922 Chapter 18.12., they shall formally request a revocation hearing before the planning commission
1923 in compliance with the following procedures:
1924 1. Request: The request shall specify the grounds for complaint or details of
1925 deviation with terms and conditions of the approval that justify the proposed permit or
1926 approval revocation or suspension.
1927 2. Public Hearing: The planning commission shall hold a formal hearing to
1928 consider requests and recommendations for permanent revocation or suspension of
1929 permits at the next regularly scheduled meeting of the planning commission, at which
1930 service of the required notice can be satisfied.
1931 3. Notice: The planning commission shall cause notice of the time and place
1932 of the scheduled hearing to be prepared. Such notice shall be delivered by certified mail
1933 or personal service upon the permittee at least five (5) days prior to the date set for the
1934 hearing. At any such hearing, the permittee shall be given an opportunity to be heard and
1935 may call witnesses and present evidence. Upon conclusion of such hearing, the planning
1936 commission shall determine whether or not the permit shall be suspended or revoked, and
1937 any necessary or appropriate conditions which must be satisfied prior to the renewal or
1938 extension of said permit, including any necessary corrective measures to be completed as
1939 provided in subsection G4a of this section.
1940 4. Planning Commission Determination: Upon the conclusion of the required
1941 hearing and its deliberations thereon, should the planning commission find that the
1942 permittee, or authorized agent(s), have violated the terms of the permit or provisions of
1943 this chapter, have conducted or desire to carry out such site development activity in such
1944 a manner which unreasonably adversely affects the health, welfare, or safety of persons
1945 residing or working in the vicinity of the site, or have caused the same to be done, the
1946 planning commission may, as it deems appropriate:
1947 a. Require necessary corrective measures to be undertaken and
1948 completed at permittee's expense;
1949 b. Require reimbursement to the city for unusual costs incurred by the
1950 necessitation of enforcement action including costs of inspections, mailings,
1951 expert technical assistance, etc.;
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1952 c. Continue suspension of all work contemplated or associated with
1953 the permit permanently until corrective requirements and/or original conditions
1954 are satisfied;
1955 d. If circumstances of work conducted have resulted in factors which
1956 would have been grounds for denial of the permit, the planning commission may
1957 order such necessary actions as required to restore the site, insofar as possible, to
1958 the preexisting conditions, and revoke the site development permit. If so evoked,
1959 and where appropriate, the planning commission may preclude acceptance of any
1960 site development application for the same site for a period not to exceed twelve
1961 (12) months.
1962 5. Appeal: The decision of the planning commission on a request for
1963 permanent suspension or revocation of a site development permit or approval under this
1964 chapter may be appealed by the permittee, building official, or city engineer to the
1965 appeals hearing officer pursuant to section 21A.16.030 of this code.
1966 H. Property Owner Responsibility: Property owners are responsible to maintain their
1967 property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
1968 chapter and other applicable ordinances. Failure of city officials to observe or to recognize
1969 hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
1970 not relieve the permittee, or property owner, from responsibility for the condition or damages
1971 resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
1972 responsible or liable for conditions and damages resulting therefrom.
1973 I. Obstruction Prohibited: It shall be unlawful for any person to willfully or
1974 carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
1975 slump, slough, or erode off private property onto the public right of way.
1976 J. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
1977 injure any public right of way by causing or permitting flow or seepage of water, or by willfully
1978 or carelessly causing or permitting water under his/her control, possession, or supervision to
1979 escape in any manner so as to injure any street or public improvement.
1980 K. Violation And Penalties:
1981 1. Violation Of Chapter: It shall be unlawful for any person to construct,
1982 enlarge, alter, repair, or maintain any grading, excavation or fill or cause the same to be
1983 done, contrary to or in violation of any provision of this chapter.
1984 2. Obstruction Prohibited: It shall be unlawful for any person to wilfully or
1985 carelessly obstruct or injure any public right of way by causing or permitting earth or
1986 rock to slump, slough, or erode off private property onto the public right of way.
1987 3. Flooding: It shall be unlawful for any person to wilfully or carelessly
1988 obstruct or injure any public right of way by causing or permitting flow or seepage of
1989 water, or by wilfully or carelessly causing or permitting water under his/her control,
1990 possession, or supervision to escape in any manner so as to injure any street or public
1991 improvement.
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1992 4. Misdemeanor Penalty: Any person violating any of the provisions of this
1993 chapter shall be deemed guilty of a misdemeanor and each such person shall be deemed
1994 guilty of a separate offense for each and every day or portion thereof during which any
1995 violation of any of the provisions of this chapter is committed, continued, permitted, or
1996 maintained. Upon conviction of any such violation, such person may be imprisoned for a
1997 period not exceeding six (6) months or be fined in the amount not exceeding two hundred
1998 ninety nine dollars ($299.00) if the person is an individual, or the greater amount of two
1999 thousand dollars ($2,000.00) in the event the person is a corporation, association, or
2000 partnership, or both so imprisoned or fined.
2001 J. Severability:
2002 1. Severability: If any section, subsection, sentence, clause, or phrase of this
2003 chapter is for any reason held to be invalid or unconstitutional by the decision of any
2004 court of competent jurisdiction, such decision shall not affect the validity of the
2005 remaining portions of this chapter. The city council hereby declares that it would have
2006 passed this chapter and each section, subsection, sentence, clause, and phrase thereof,
2007 irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or
2008 phrases hereof may be declared invalid or unconstitutional.
2009 2. Limitation To Applied Facts: If the application of any provision or
2010 provisions of this chapter to any person, property, or circumstance is found to be
2011 unconstitutional, invalid, or ineffective, in whole or in part, by any court of competent
2012 jurisdiction, or other competent agency, the effect of such provision shall be limited to
2013 the person, property, or circumstance immediately involved in the controversy and the
2014 application of such provision to other persons, properties, or circumstances shall be
2015 unaffected unless the court specifically rules otherwise.
2016
2017 18.28.070: RESERVED:
2018
2019 SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
2020 18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
2021 hereby repealed in its entirety as follows:
2022 CHAPTER 18.32
2023 BUILDING REGULATIONS
2024 18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
2025 The edition of the uniform building code, as adopted by the Utah uniform building code
2026 commission as the construction standard to be adhered to by subdivisions of the state (section
2027 58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
2028 with the following chapters of the appendix to the uniform building code:
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2029 Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
2030 Chapter 11 Division I - Site Accessibility;
2031 Chapter 11 Division II - Accessibility For Existing Buildings;
2032 Chapter 15 Reroofing;
2033 Chapter 16 Division I - Snow Load Design;
2034 Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
2035 Chapter 31 Division II - Membrane Structure;
2036 Chapter 33 Excavation And Grading.
2037 ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
2038 successor document.
2039 Hereafter, all references in this code to the uniform building code shall mean the said edition
2040 adopted by the Utah uniform building code commission. One copy of the uniform building code
2041 shall be filed for use and examination by the public in the office of the city recorder.
2042
2043 18.32.035: FEES:
2044 A. Building permit fees shall be based on the total valuation of the proposed project
2045 as shown on the Salt Lake City consolidated fee schedule.
2046 B. Plan review fees shall be sixty five percent (65%) of the building permit fees.
2047 C. Fees to expedite building plan review as governed by section 18.20.050 of this
2048 title shall be two (2) times the standard building plan review fee.
2049 D. Penalties for not obtaining permanent certificate of occupancy will be three
2050 hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
2051 occupancy, which has no additional cost associated with it; due before the first of the month and
2052 only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
2053 months will not be refunded.
2054 E. Fees for renewing expired plan review after one hundred eighty (180) days as
2055 governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
2056 schedule.
2057 F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
2058 each permit for fencing.
2059 G. Other fees shall consist of electrical, mechanical and plumbing, and fire
2060 suppression and monitoring equipment inspection fees as shown on the Salt Lake City
2061 consolidated fee schedule.
2062
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2063 18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
2064 BUILDING CONVERSION:
2065 Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
2066 chapter 3 division V to create a group R division 5 occupancy classification and requirements
2067 applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
2068 undergo conversion, which shall read as follows:
2069 Chapter 3 Division V
2070 Requirements For Group R Division 5 Occupancies
2071 Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
2072 nonconforming group R divisions 1 and 3 structures undergoing conversion.
2073 Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
2074 plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
2075 separate ownership of dwelling units combined with collective ownership of common areas
2076 through association, etc., each nonconforming group R division 1 or division 3 structure being
2077 converted into a condominium project or other type of ownership arrangement involving separate
2078 ownership of individual units combined with joint or collective ownership of common areas shall
2079 constitute a change in classification of occupancy to that of a group R division 5 and shall
2080 comply with basic requirements of this code and the specific requirements listed below. All work
2081 on such structures in the form of additions, alterations, or repairs shall conform to applicable
2082 standards as required by section 3403 of this code. Where said provisions require conformity to
2083 requirements governing new buildings, the applicable requirements of group R division 1 or 3
2084 new construction shall apply.
2085 Special Provisions And Minimum Standards.
2086 Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
2087 a property report prepared by a licensed engineer or architect which discloses and describes:
2088 (1) The age of the building or buildings,
2089 (2) The general condition, useful life, and capacity of the building's structural elements
2090 including the roof, foundations, mechanical system, electrical system, plumbing
2091 system, boiler, and other structural elements;
2092 (3) All known conditions constituting deficiencies requiring repair to meet existing
2093 building codes; and
2094 (4) All known conditions which may require repair or replacement within the next
2095 succeeding five year period.
2096 (5) The existing conditions meet the standards of the Salt Lake City existing residential
2097 housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
2098 18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
2099 18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
2100 the city code, shall note all deficiencies; appeals of noted deficiencies may be
2101 addressed to the housing advisory and appeals board.
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2102 Said report shall certify the structure currently conforms to applicable codes or the owner shall
2103 present plans to bring the structures into conformity with applicable building codes prior to
2104 issuance of certificates of occupancy.
2105 Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
2106 electrical service which provides:
2107 (1) A minimum service of 60 amps.
2108 (2) Receptacle outlets are required to meet standards of the national electrical code,
2109 section 210-21(b). Each habitable room shall have no less than two such receptacles.
2110 (3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
2111 on a separate circuit.
2112 (4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
2113 each must be located on a separate circuit. If such appliances or optional capacity are
2114 not provided, the limitation must be disclosed to buyers and in the property report.
2115 (5) All bathrooms are to be equipped with GFIC outlet.
2116 (6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
2117 (7) Installation of a smoke detector conforming to manufacturer's recommendations shall
2118 be installed in each dwelling unit as a local detection unit. If the building has a
2119 common exit hall or corridor then a general automatic detection system shall be
2120 installed with the capability of sending a signal to a remote station.
2121 (8) Installation of at least one wall switch controlled lighting outlet in every habitable
2122 room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
2123 All electrical work and repair must be completed under permit and comply with applicable codes
2124 and ordinances.
2125 Sec. 348. Plumbing And Water Systems.
2126 (a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
2127 licensed general contractor shall calculate and determine the capacity of the current
2128 plumbing system, including the existing and potential load in fixture units (as
2129 determined by the uniform plumbing code) as part of the property report required
2130 above. All new installations or repairs must be completed under permit and shall
2131 conform to applicable plumbing codes. The entire system shall be brought up to
2132 applicable standards of this code when required by section 3403. The impact of new
2133 installations upon the existing system shall be calculated and stated in the property
2134 report.
2135 (b) Water Supply. Water piping shall be so arranged that the water supply can be turned
2136 on or off to any individual fixture; provided, however, that supply piping to a single
2137 unit and building accessory thereto may be controlled by one valve.
2138 Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
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LEGISLATIVE DRAFT
2139 (1) Equip each unit with its own heating system, except where a central water or steam
2140 system is present.
2141 (2) Provide each unit with its own means of controlling temperature when the building
2142 utilizes a central heating plant. All mechanical work and repair shall be completed
2143 under permit and comply with applicable codes.
2144 Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
2145 standards are intended to be fully complied with prior to the building official's approval of
2146 permits, record of survey maps, plans or certificates. However, the building official may waive
2147 literal compliance with said standards for minor deviations and non-dangerous conditions, if the
2148 official determines that strict compliance with the requirements of this chapter would be
2149 impractical due to the unique condition of the property, or result in an unnecessary and extreme
2150 hardship for the owner of the property. The building official may in such cases impose additional
2151 reasonable and equivalent conditions upon the project.
2152 Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
2153 the city ordinance.
2154
2155 18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
2156 Section 109.1 of the uniform building code is amended to read as follows:
2157 Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
2158 occupancy shall be used or occupied, and no change in the existing occupancy classification of a
2159 building or structure or portion thereof shall be made until the building official has issued a
2160 certificate of occupancy therefor as provided herein.
2161
2162 18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
2163 Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
2164 successor, is amended by adding definitions of condominiums and conversions which shall read
2165 as follows:
2166 Condominium, Condominium Project, Condominium Unit. For purposes of this code,
2167 "condominium," "condominium project," and "condominium units" or "units" means property or
2168 portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
2169 Annotated, 1953, as amended.
2170 Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
2171 parcels of land, together with existing attached structures, from single ownership of said parcel
2172 such as an apartment house or multi-family dwelling into a condominium project or other
2173 ownership arrangements involving separate ownership of individual units combined with joint or
2174 collective ownership of common areas, facilities, or elements.
2175
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2176 18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
2177 The uniform building code is amended by adding a new appendix chapter 35, which reads as
2178 follows:
2179 Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
2180 mean those lands lying within the corporate limits of Salt Lake City as defined in section
2181 18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
2182 boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
2183 Lake City code. A copy of said map and amendments is on file for public examination in the
2184 offices of the city recorder and city engineer.
2185 Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
2186 substantial improvements to, or construction of building or structures within the floodplain
2187 hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
2188 relating to floodplain hazard regulations.
2189
2190 18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
2191 GRADING:
2192 Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
2193 amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
2194 reference, so appendix chapter 33 shall read as follows:
2195 Appendix Chapter 33
2196 Excavation And Grading
2197 Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
2198 within the text of chapter 18.28 of the Salt Lake City code relating to site development
2199 regulations, drawing particular reference to provisions within chapters 4 and 5 of said
2200 development regulations.
2201
2202 18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
2203 Qualified multi-family apartment projects may apply to, and receive from, the building official
2204 an abatement of the normal building permit fees. In order for the building official to approve the
2205 discount, the applicant must submit necessary documentation in order for the building official to
2206 certify that the apartment project qualifies under the following criteria:
2207 A. The project is owned and/or operated as a bona fide organization for providing
2208 housing for senior citizens;
2209 B. The project operators and/or property owners stipulate that all units shall be
2210 rented by persons over age sixty two (62) years of age;
2211 C. Operators and/or property owners agree to verify ages of tenants as part of their
2212 annual application for an apartment house license;
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2213 D. Project operators and property owners execute an agreement, binding upon
2214 successors in interest and secured by the real property, to reimburse the city the amount of the
2215 abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
2216 rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
2217 next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
2218 license application is submitted to the city; and
2219 E. The amount of the fees abated, plus interest at the then established rate applicable
2220 to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
2221 application to convert the project to condominium or other ownership arrangements involving
2222 sale of separate units, if submitted within thirty (30) years of such abatement.
2223
2224 18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
2225 Section 103 of the uniform building code is amended to read as follows:
2226 It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
2227 move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
2228 structure in the city, or cause the same to be done contrary to or in violation of any of the
2229 provisions of this code.
2230 Any person, firm, or corporation violating any of the provisions of this code shall be deemed
2231 guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
2232 each and every day or portion thereof during which any violation of any of the provisions of this
2233 code is committed, continued, or permitted and upon conviction of any such violation such
2234 persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
2235 Lake City code.
2236
2237 SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
2238 18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
2239 hereby repealed in its entirety as follows:
2240 CHAPTER 18.36
2241 ELECTRICAL REGULATIONS
2242
2243 18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
2244 The edition of the national electrical code, as adopted by the Utah uniform building code
2245 commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
2246 subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
2247 copy of which code shall be filed for use and examination by the public in the office of the city
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2248 recorder. Hereafter, all references in this code to the national electrical code shall mean the
2249 edition of the national electrical code adopted by the Utah uniform building code commission.
2250
2251 18.36.100: PERMIT FEES; RESIDENTIAL WORK:
2252 The following fees for a permit for the installation of electrical materials in residences, including
2253 multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
2254 fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
2255 schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
2256 consolidated fee schedule.
2257
2258 18.36.110: FEE FOR TEMPORARY METERING:
2259 The fee for permit for temporary metering and service facilities shall be as shown on the Salt
2260 Lake City consolidated fee schedule.
2261
2262 18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
2263 The fees to be paid to the city treasurer for electrical permits covering work in industrial or
2264 commercial properties shall be computed as follows:
2265 A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
2266 consolidated fee schedule.
2267 B.New Service Or Change Of Service: For new service, change of service,
2268 alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
2269 fee shall be as shown on the Salt Lake City consolidated fee schedule.
2270 C. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
2271 supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
2272 D. Transformers: The installation of transformers shall be subject to inspection fee
2273 when such transformers are an integral part of the consumer's distribution system. Such fee shall
2274 be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
2275 consolidated fee schedule.
2276 E. Motor Generator: The fee for installation of a motor generator for emergency or
2277 standby shall be as shown on the Salt Lake City consolidated fee schedule.
2278 F. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
2279 set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
2280 started. When a fee cannot be computed on the standard schedules, it shall be computed based on
2281 the alternate schedule shown on the Salt Lake City consolidated fee schedule.
2282
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2283 18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
2284 DOLLARS:
2285 When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
2286 permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
2287
2288 18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
2289 All new construction shall require a power to panel permit in accordance with section 18.36.180
2290 of this chapter, or its successor section, to be issued in conjunction with the required electrical
2291 permit.
2292
2293 18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
2294 A. Temporary Basis: A power to panel permit shall authorize power for construction
2295 purposes on a temporary basis only; permanent power must be authorized separately.
2296 B. Permit: At the time power to panel is required to complete construction, the owner
2297 or contractor shall apply for and obtain a separate power to panel construction permit. Said
2298 permit shall be valid for a sixty (60) day period.
2299 C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
2300 approval of building and housing services and upon payment of one-half (1/2) of the original
2301 permit fee for each extension.
2302 D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
2303 withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
2304 certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
2305 or until occupancy ceases.
2306 E. Expiration: Upon expiration of a power to panel construction permit, all power to
2307 the electrical panel shall be discontinued.
2308 F. Fees:
2309
60 day, no issue fee $20.00
30 day extension 7.00
2310
2311 18.36.210: VIOLATION; PENALTY:
2312 Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
2313 or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
2314 the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
2315 shall be deemed to be committed on each day an offense occurs or continues.
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2316 SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
2317 18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
2318 hereby amended as follows:
2319 CHAPTER 18.48
2320 DANGEROUS BUILDINGS
2321 ARTICLE I. REPAIR, ORAND VACATION, OR BOARDING OF DANGEROUS
2322 BUILDINGS
2323
2324 18.48.010: TITLE:
2325 This chapter and the provisions included herein constitute Salt Lake City's Dangerous Building
2326 Code, and will be referred to hereinafter as "the Dangerous Building Code" or "this Code." This
2327 Code chapter shall implementis modeled after the Uniform Code for the Abatement of
2328 Dangerous Buildings, 1997 Edition, and has only been adopted as stated herein.
2329
2330 18.48.020: PURPOSE AND SCOPE:
2331 It is the purpose of this chapterthe Dangerous Building Code to provide just, equitable, and
2332 practicable methods to require the repair (including temporary boarding) and, vacation, or
2333 temporary boarding of buildings or structures that endanger the life, limb, health, morals,
2334 property, safety, or welfare of the general public or their occupants. The provisions of this
2335 Dangerous Building Code are cumulative and in addition to any other remedy provided by law.
2336
2337 18.48.030: DEFINITIONS:
2338 BUILDING CODE: The International Building Code, or its successor, promulgated by the
2339 International Code Council, as adopted by the state.
2340 BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
2341 are secured by a secondary means against entry. Examples of securing a building by a secondary
2342 means includes, but is not limited to, boarding and fencing.
2343 DANGEROUS BUILDINGS: For the purpose of this Dangerous Building Code, aAny building
2344 or structure that has any or all of the conditions or defects hereinafter described may be deemed
2345 to be a dangerous building, provided that such conditions or defects exist to the extent that the
2346 life, health, property, or safety of the public or its occupants are endangered.
2347 A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
2348 width or size or is not so arranged as to provide safe and adequate means of exit in case
2349 of fire or panic.
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LEGISLATIVE DRAFT
2350 B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
2351 is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
2352 means of exit in case of fire or panic.
2353 C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
2354 loads, is more than one and one half 1.5 times the working stress or stresses allowed in
2355 the Building Code for new buildings of similar structure, purpose or location.
2356 D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
2357 any other cause, to such an extent that the structural strength or stability thereof is
2358 materially less than it was before such catastrophe and is less than the minimum
2359 requirements of the Building Code for new buildings of similar structure, purpose, or
2360 location.
2361 E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
2362 detached or dislodged, or to collapse and thereby injure persons or damage property.
2363 F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
2364 the exterior thereof is not of sufficient strength or stability, or is not so anchored,
2365 attached, or fastened in place so as to be capable of resisting a wind pressure of one half
2366 of that specified in the Building Code for new buildings of similar structure, purpose or
2367 location without exceeding the working stresses permitted in the Building Code for such
2368 buildings.
2369 G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
2370 to such an extent that walls or other structural portions have materially less resistance to
2371 winds or earthquakes than is required in the case of similar new construction.
2372 H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
2373 deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
2374 of any portion of the ground necessary for the purpose of supporting such building; (iv)
2375 the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
2376 to partially or completely collapse.
2377 I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
2378 unsafe for the purpose for which it is being used.
2379 J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
2380 such an extent that a plumb line passing through the center of gravity does not fall inside
2381 the middle one third of the base.
2382 K. Whenever the building or structure, exclusive of the foundation, shows thirty three
2383 percent (33%) or more damage or deterioration of its supporting member or members, or
2384 fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or
2385 outside walls or coverings.
2386 L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
2387 flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
2388 children or as to enable persons to resort thereto for the purpose of committing unlawful
2389 acts.
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LEGISLATIVE DRAFT
2390 M. Whenever any building or structure has been constructed, exists, or is maintained in
2391 violation of any specific requirement or prohibition applicable to such building or
2392 structure provided by the building regulations of this jurisdiction, as specified in the
2393 Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
2394 relating to the condition, location, or structure of buildings.
2395 N. Whenever any building or structure which, whether or not erected in accordance with all
2396 applicable laws and ordinances, has in any non-supporting part, member or portion less
2397 than fifty percent (50%), or in any supporting part, member or portion less than sixty six
2398 percent (66%) of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii)
2399 weather-resisting qualities or characteristics required by law in the case of a newly
2400 constructed building of like area, height and occupancy in the same location.
2401 O. Whenever a building or structure, used or intended to be used for dwelling purposes,
2402 because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
2403 arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
2404 the health officer to be unsanitary, unfit for human habitation, or in such a condition that
2405 is likely to cause sickness or disease.
2406 P. Whenever any building or structure, because of obsolescence, dilapidated condition,
2407 deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
2408 faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
2409 by the fire marshal to be a fire hazard.
2410 Q. Whenever any building or structure is in such a condition as to constitute a public
2411 nuisance known to the common law or in equity jurisprudence.
2412 R. Whenever any portion of a building or structure remains on a site after the demolition or
2413 destruction of the building or structure or whenever any building or structure is
2414 abandoned for a period in excess of six months so as to constitute such building or
2415 portion thereof an attractive nuisance or hazard to the public.
2416 DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
2417 division authorized to perform the repair, vacation, or boarding of a building under this chapter.
2418 HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
2419 in Chapter 18.50 of the City Code.
2420 VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
2421 and doors, secured against entry, where windows are fully glazed and the doors are secured by
2422 means of a lock.
2423
2424 18.48.040: AUTHORITY TO ENFORCE:
2425 A. Authority Tto Enforce: The building official or designee is hereby authorized to
2426 enforce the provisions of this chapterDangerous Building Code. The building official shall have
2427 the power to render interpretations of this Dangerous Building Code and to adopt and enforce
2428 rules and supplemental regulations to clarify the application of its provisions. Such
67
LEGISLATIVE DRAFT
2429 interpretations, rules, and regulations shall be in conformity with the intent and purpose of this
2430 Dangerous Building Code.
2431 B. Authority Tto Inspect: The building official or their designee is hereby authorized
2432 to make inspections and take such actions as may be required to enforce the provisions of this
2433 chapterDangerous Building Code.
2434 C. Buildings Oor Structures Subject Tto Inspection: Any building or structure, where
2435 there is reasonable cause to believe a condition exists that renders the building or structure
2436 endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
2437 structure’s occupants in violation of the provisions of this code, is subject to inspection by the
2438 building official or their designee in the manner provided by this Dangerous Building Code.
2439 D. Inspection When Permit Required: All construction or work for which a permit is
2440 required is subject to inspection by the building official or their designee in accordance with and
2441 in the manner provided by this Dangerous Building Code.
2442 E. Inspections: The building official or their designee may enter a building or
2443 structure at reasonable times to inspect or to perform the duties imposed by this
2444 chapterDangerous Building Code.
2445 1. If the building or structure is occupied, the building official or designee
2446 shall present credentials to the occupant and request entry.
2447 2. If the building or structure is unoccupied, the building official or their
2448 designee shall make reasonable efforts to locate the owner or other persons having charge
2449 or control of the building or premises and request entry.
2450 3. If entry is refused, the building official or their designee shall have
2451 recourse to the remedies provided by law to secure entry.
2452
2453 18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
2454 A. Initiation Of Action: When the building official has inspected or caused to be
2455 inspected any building and has found and determined that such building is a dangerous building,
2456 the building official shall follow the enforcement procedures set forth in the 1997 Uniform Code
2457 for the Abatement of Dangerous Buildingscommence proceedings to cause the repair , vacation,
2458 or boarding of the building.
2459 B. Form Of Notice And Order: The building official shall issue a written notice and
2460 order directed to the record owner of the building.
2461 1. The notice and order shall:
2462 a. Identify the property owner of record according to the records of
2463 the Salt Lake County Recorder;
2464 b. Describe the property and contain a statement that the building
2465 official has found the building to be dangerous with a brief and concise
68
LEGISLATIVE DRAFT
2466 description of the conditions found to render the building dangerous under the
2467 provisions of this code; and
2468 c. Require the property owner to take action as determined by the
2469 building official.
2470 (1) If the building official has determined that the building or
2471 structure must be repaired or boarded, the order shall require that all
2472 required permits be secured and the work physically commenced within
2473 such time as the building official shall determine is reasonable under all of
2474 the circumstances, which time shall not be less than ten (10) days from the
2475 date after the day the notice is delivered in person or postmarked.
2476 (2) If the building official has determined that the building or
2477 structure must be vacated, the order shall require that the building or
2478 structure shall be vacated within a time certain from the date of the order
2479 as determined by the building official to be reasonable, which time shall
2480 not be less than ten (10) days from the date after the day the notice is
2481 delivered in person or postmarked.
2482 d. A statement that, if any required repair work not also requiring the
2483 vacation of property is not commenced within the time specified in Subsection
2484 18.48.050.B.1.c.(1), the building official will order the building vacated and
2485 posted to prevent further occupancy until the work is completed and may proceed
2486 to cause the work to be done and recover the costs as set forth in Section
2487 18.48.100.
2488 e. A statement that (i) any person having any record title or legal interest in the
2489 building may appeal from the notice and order of the building official , except for an objection
2490 from an itemized statement of costs, to the Housing Advisory and Appeals Board as established
2491 in this chapter, provided the appeal is made in writing as provided in this code and filed with the
2492 building official within thirty (30) days from the date of service of such notice and order; and (ii)
2493 failure to appeal will constitute a waiver of all right to an administrative hearing and
2494 determination of the matter.
2495 C. Service: The written notice and order, and any amended or supplemental notice
2496 and order, shall be served on the property owner of record according to the records of the county
2497 recorder. Service shall be made in person or by certified or commercial courier service. The
2498 failure of any such person to receive such notice shall not affect the validity of any proceedings
2499 taken under this section. Service by certified mail in the manner herein provided shall be
2500 effective on the date the notice and order are postmarked.
2501 D. Proof Of Service: Proof of service of the notice and order shall be certified at the
2502 time of service by a written declaration under penalty of perjury executed by the persons
2503 effecting service, declaring the time, date, and manner in which service was made. The
2504 declaration, together with any receipt card returned in acknowledgment of receipt by certified
2505 mail or commercial courier service shall be affixed to the copy of the notice and order retained
2506 by the building official.
69
LEGISLATIVE DRAFT
2507 E. Recording Of Certificate: If compliance is not had with the order within the time
2508 specified therein, and no appeal has been properly and timely filed, the building official shall file
2509 in the office of the county recorder a certificate describing the property and certifying (i) that the
2510 building is a dangerous building and (ii) that the owner has been so notified. If the actions
2511 ordered are completed after filing of this certificate or the building is demolished so that it no
2512 longer exists as a dangerous building on the property, the building official shall file a new
2513 certificate with the county recorder certifying that the building has been demolished or all
2514 required corrections have been made so that the building is no longer dangerous, whichever is
2515 appropriate.
2516
2517 18.48.060: NOTICE TO VACATE: RESERVED
2518 A. Form Of Notice: Every notice to vacate shall, in addition to being served as
2519 provided in Section 18.48.050, be posted on the exterior of the building and shall be in
2520 substantially the following form:
2521 DO NOT ENTER
2522 UNSAFE TO OCCUPY
2523 It is a misdemeanor to occupy this building, or to remove or deface this notice.
2524 Building Official
2525 ……of……
2526 Salt Lake City
2527 B.Compliance With Notice To Vacate: No person shall remain or enter any building
2528 which has been so posted, except that entry may be made to repair or board. No person shall
2529 remove or deface any such notice after it is posted.
2530
2531 18.48.070: RESERVEDEXTENSION OF TIME TO PERFORM WORK:
2532 Upon a timely written request by the owner setting forth the requested reasons for an extension
2533 of time, the building official or designee may grant an extension of time, not to exceed one
2534 hundred twenty (120) days from the deadline set forth in the original notice and order, within
2535 which to complete said repair, vacation, or boarding, if the building official determines that such
2536 an extension of time will not create or perpetuate a situation imminently dangerous to life or
2537 property. The building official's authority to extend time is limited to the physical repair,
2538 vacation, or boarding of the premises and will not in any way affect the time to appeal the notice
2539 and order.
2540
2541 18.48.080: APPEALS:
70
LEGISLATIVE DRAFT
2542 A. Hearing Appeals: Appeals of a notice and order issued pursuant to this chapter
2543 shall be taken in accordance with Chapter 18.12Timely written appeals of notice and orders or
2544 any action of the building official, except for an objection from an itemized statement of costs,
2545 shall be heard and decided by the Housing Advisory and Appeals Board.
2546 B. Form Of Notice: Any person entitled to service under Section 18.48.050 may
2547 appeal from any notice and order or any action of the building official under this code by filing at
2548 the office of the building official a written appeal containing:
2549 1. A heading containing the words: "Before the housing advisory and appeals
2550 board ______";
2551 2. A caption reading: "Appeal of _______," giving the names of all
2552 appellants participating in the appeal;
2553 3. A brief statement setting forth the legal interest of each of the appellants in
2554 the building or the land involved in the notice and order;
2555 4. A brief statement in ordinary and concise language of the specific order or
2556 action protested, together with any material facts claimed to support the contentions of
2557 the appellant;
2558 5. A brief statement in ordinary and concise language of the relief sought and
2559 the reasons why it is claimed the protested order or action should be reversed, modified
2560 or otherwise set aside;
2561 6. The signatures of all parties named as appellants and their official mailing
2562 addresses; and
2563 7. The verification (by declaration under penalty of perjury) of at least one
2564 appellant as to the truth of the matters stated in the appeal.
2565 C. Time To File An Appeal: The appeal must be filed within thirty (30) days from
2566 the date of the issuance of the notice and order described herein, except as provided in
2567 Subsection D.
2568 D. Time To File An Appeal For An Imminently Dangerous Building: If the building
2569 or structure is in such condition as to make it immediately dangerous to the life, limb, property or
2570 safety of the public or adjacent property and is ordered vacated and is posted in accordance with
2571 Section 18.48.060, such appeal shall be filed as soon as reasonably practical from the date of the
2572 issuance of the notice and order of the building official.
2573 E. Transmittal Of Appeal: Upon receipt of any appeal filed pursuant to this section,
2574 the building official shall transmit the appeal to the members of the Housing Advisory and
2575 Appeals Board for scheduling of a meeting within thirty (30) days of receipt of a timely appeal.
2576 F. Scheduling Hearing: As soon as practicable after receiving the written appeal, the
2577 Housing Advisory and Appeals board shall fix a date, time and place for the hearing of the
2578 appeal by the board. Such date shall not be less than ten (10) days nor more than thirty (30) days
2579 from the date the appeal was filed with the building official, unless extraordinary circumstances
2580 are present. Written notice of the time and place of the hearing shall be given at least ten (10)
71
LEGISLATIVE DRAFT
2581 days prior to the date of the hearing to each appellant by the secretary of the board either by
2582 causing a copy of such notice to be delivered to the appellant personally or by mailing a copy
2583 thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
2584 G. Failure To Timely Appeal: Failure of any person to file a timely appeal in
2585 accordance with the provisions of this code shall constitute a waiver of the right to an
2586 administrative hearing and adjudication of the notice and order or any portion thereof.
2587 H. Issues Considered On Appeal: Only those matters or issues specifically raised by
2588 the appellant shall be considered in the hearing of the appeal.
2589 I. Stays Pending Appeal: Except for vacation or boarding orders made pursuant to
2590 Section 18.48.050, enforcement of any notice and order of the building official issued under this
2591 Dangerous Building Code shall be stayed during the pendency of an appeal therefrom which is
2592 properly and timely filed.
2593 J. Authority To Hear And Evaluate Appeal: The Housing Advisory and Appeals
2594 Board shall have the authority to hear and evaluate evidence related to the building official's
2595 decision and determine whether the decision was arbitrary and capricious or illegal. The Housing
2596 Advisory and Appeals Board has no authority relative to interpretation of the administrative
2597 provisions of this code nor is the board empowered to waive requirements of this code. After the
2598 Housing Advisory and Appeals Board makes a final determination, they shall issue a written
2599 determination.
2600 K. Appeal To Utah District Court: After issuance of a final written determination by
2601 the Housing Advisory and Appeals Board, the decision may be appealed to the Utah District
2602 Court, Third Judicial District within thirty (30) days from the issuance of the decision.
2603
2604 18.48.090: CITY'S ABATEMENT OF PROPERTY:
2605 If the property owner does not comply with the notice and order issued pursuant to this chapter
2606 within the time specified in the notice and order and no appeal has been properly and timely
2607 filed, the building official or designees may cause the building to be repaired, vacated, or
2608 temporarily boarded to the extent necessary to correct the conditions which render the building
2609 dangerous as set forth in the notice and order. Any such repair, vacation, or boarding shall be
2610 completed and the cost thereof paid and recovered as set forth in this chaptercode.
2611
2612 18.48.100: RECOVERY OF COSTS:
2613 A. Permitted Recovery Oof Costs: If the building official or designee causes the
2614 repair, vacation, or boarding of a building pursuant to a notice issued under this chapterSection
2615 18.48.050, and after the property owner received at least 10 days’ notice in which to complete
2616 the repair, vacation or boarding and failed to do so, the division may collect the cost of that
2617 abatement, by filing a property tax lien, as set forth in this section.
2618 B. Itemized Statement Oof Costs: Upon completion of the repair, vacation, or
2619 boarding work, the building official or designee shall prepare an itemized statement of costs and
72
LEGISLATIVE DRAFT
2620 mail it to the property owner by certified mail or reputable mail tracking service that is capable
2621 of confirming delivery, demanding payment within thirty (30) days of the date the statement is
2622 post marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to
2623 cover the city's administrative expenses in contracting for the repair, boarding, or other
2624 abatement costs shall be included in the statement of costs.
2625 C. Form Oof Itemized Statement Oof Costs: The itemized statement of costs shall
2626 include:
2627 1. Include:
2628 a. The address of the property at issue;
2629 2.b. An itemized list of all expenses incurred by the division, including
2630 administrative costs;
2631 3.c. A demand for payment; and
2632 4.d. The address where payment is to be made;
2633 5.2. NotifyNotification t the property owner:
2634 a. That failure to timely pay the expenses described in the itemized statement
2635 may result in a lien on the property in accordance with this chapter and Utah Code
2636 Section 10-11-4 or its successor;
2637 6.b. Notification tThat the property owner may file a written objection to all or
2638 part of the statement within twenty (20) days of the date the statement is postmarked; and
2639 7.c. Where the property owner may file the objection, including the name of
2640 the office and the mailing address.
2641 D. Delivery Oof Statement Oof Costs: The itemized statement of costs described in
2642 Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
2643 service that is capable of confirming delivery addressed to the last known address of the property
2644 owner, according to the records of the county recorder.
2645 E. Objection Tto Statement Oof Costs: A property owner may appeal the statement
2646 of costs to the fines hearing officer, only as to the issue of whether the costs were actually
2647 incurred, pursuant to Section 18.12.050.If the property owner files a timely written objection, the
2648 division will schedule a hearing and will mail or deliver to the property owner prior to the
2649 hearing a notice stating the date, time, and location of the hearing. A fines hearing officer,
2650 appointed pursuant to Section 21A.06.090, shall preside at the hearing and consider the property
2651 owner's objection as set forth in Subsection F.
2652 F. Objection Hearing: At the hearing described in Subsection E, after the property
2653 owner presents the objection to the hearing officer, the fines hearing officer shall review and
2654 determine the cost of abatement incurred by the division in abating the property, including
2655 administrative costs. The property owner must pay any amount the fines hearing officer
2656 determines is due and owing to the Salt Lake City Treasurer at the address provided in the
2657 statement of costs within thirty (30) days of the date of the hearing.
73
LEGISLATIVE DRAFT
2658 F.G. Failure Tto Object Oor Pay: If the property owner fails to make payment of the
2659 amount set forth in the itemized statement within thirty (30) days of the date of the mailing of
2660 that statement, or to file a timely objection, then the division may certify the past due costs and
2661 expenses to the Salt Lake County Treasurer.
2662 G.H. Failure Tto Pay Aafter Objection Hearing: If the property owner files a timely
2663 objection but fails to make payment of any amount ordered by the fines hearing officerfound due
2664 and owing under Subsection F within thirty (30) days of the date of the hearing, the inspector
2665 may certify the past due costs and expense to the Salt Lake County Treasurer.
2666 H.I. Lien Oon Property: After entry by the Salt Lake County Treasurertreasurer of the
2667 county, as set forth in Subsections FG and GH, the amount entered shall have the force and
2668 effect of a valid judgment of the district court, is a lien on the property, and shall be collected by
2669 the Salt Lake County Ttreasurer of the county in which the property is located at the time of the
2670 payment of general taxes.
2671 I.J. Release Oof Lien: Upon payment of the amount set forth in the itemized
2672 statement of costs or otherwise determined due and owing by the fines hearing officer in
2673 Subsections E and F, the judgment is satisfied, the lien is released from the property, and receipt
2674 shall be acknowledged upon the general tax receipt issued by the treasurer.
2675
2676 18.48.110: APPLICABILITY OF BUILDING CODE:
2677 All buildings or structures which are required to be repaired under the provisions of this
2678 chaptercode shall be subject to the provisions of the applicable construction codes adopted
2679 pursuant to Section 18.04.040International Building Code, or its successor section.
2680
2681 18.48.120: PUBLIC NUISANCES:
2682 A. Declaration Aand Abatement Oof Public Nuisances: All buildings or structures or
2683 portions thereof which are determined after inspection by the building official to be dangerous as
2684 defined in this code are hereby declared to be public nuisances and shall be abated by repair,
2685 vacation, or boarding in accordance with the procedures specified herein.
2686 B. Boarded or Vacant Building Aas Public Nuisance: Any structure that is vacant or
2687 which has been boarded for over two (2) years may be declared to be a public nuisance upon a
2688 determination that the structure isas detrimental to the safety orand public welfare of the
2689 residents and property values of this city.
2690
2691 ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
2692
2693 18.48.200: SCOPE AND APPLICABILITY:
74
LEGISLATIVE DRAFT
2694 The provisions of this article apply to any person or entity who is ordered to board a building
2695 under Article I and any person or entity who voluntarily boards a building.
2696
2697 18.48.205: BOARDING PERMITREGISTRATION:
2698 A. PermitRegistration Required: A permit Registration is required to board a
2699 building. In the case where the city causes the boarding work to be done pursuant to Section
2700 18.48.245, the city will register the property on which the building is located and will bill the
2701 record owner the yearly registration fee pursuant to Section 18.48.215is not required to obtain a
2702 boarding permit. In the case where the building official causes temporary boarding work to be
2703 done pursuant to Section 18.48.090 and the building is boarded for more than 45 days, the
2704 provisions of this Article II shall apply.
2705 B. Form Of PermitRegistration Process: Registration of a property on which a
2706 boarded structure shall be located must be donePermits for boarding a building must be applied
2707 for on a form provided by the building official or designee. The form shall specify the following:
2708 1. The address of the structure to be boarded or temporarily secured;
2709 2. The type of building;
2710 3. For residential structures, the number of dwelling units;
2711 4. For nonresidential buildings, the number of square feet of all building
2712 faces at ground level;
2713 5. The name, address, and telephone number of a person authorized to act as
2714 an agent for the owner for performing the owner's obligations under this article, who lives
2715 within forty (40) miles of Salt Lake City; and
2716 6. Whether the property has the required external water source for
2717 landscaping, if landscaping is required.
2718
2719 18.48.210: INITIAL FEESNOTICE OF REGISTRATION:
2720 For the first year of any boarding, at the time of filing the application, the applicant shall pay the
2721 fees shown on the Salt Lake City consolidated fee schedule for each structure. Upon registration
2722 the city may record with the Salt Lake County Recorder’s Office a notice of registration. The
2723 recordation of a notice of registration shall not be deemed an encumbrance on the property but
2724 shall merely place interested parties on notice that the cost of City abatement activities conducted
2725 pursuant to Section 18.48.245 may be outstanding and recoverable as a lien on the property in
2726 accordance with Section 18.48.100. Once the building official determines that the property is no
2727 longer subject to registration then a notice of deregistration shall be recorded. Recordation of the
2728 notice of deregistration shall have the effect of canceling the recorded notice of registration.
2729
2730 18.48.215: YEARLY REGISTRATION FEES:
75
LEGISLATIVE DRAFT
2731 A. Annual Fee: Upon registration and onOn or before each yearly anniversary of the
2732 date the property was registered pursuant to this articleissuance of a boarding permit, a property
2733 owner desiring to maintain a boarded building shall pay the annual boarding registration fee
2734 shown on the Salt Lake City consolidated fee schedule. Properties that are defined as a
2735 “contributing structure” or “landmark site” pursuant to Section 21A.34.020 shall be subject to a
2736 higher registration fee. A change in ownership shall not restart the yearly amount of registration
2737 fees, but such fees shall increase as set forth in the Salt Lake City consolidated fee schedule in
2738 accordance with the amount of time that the property has been registered.
2739 B. Late Penalty and InterestFee: If annual registration fees are not timely paid, an
2740 accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.A late fee of
2741 twenty five dollars ($25.00) shall be assessed by the city for each thirty (30) days, or any portion
2742 thereof, in which the annual fees have not been paid up to amounts allowed by state law.
2743 C. Failure Tto RegisterObtain Permit: Boarding a building before
2744 registeringobtaining a permit pursuant to this article shall result in a fine of up to twenty five
2745 percent (25%) of the boarding registrationapplication fee specified in the Salt Lake City
2746 consolidated fee schedule.
2747 D. Collection Oof Fees: If the property owner fails to pay either the initial boarding
2748 fees or the annual boarding registration fees, the city may take legal action to collect any
2749 amounts owed.
2750
2751 18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
2752 Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
2753 sign to be mounted on the exterior of the building. The sign shall state that the building is closed
2754 to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
2755 shall also provide phone numbers to call if people are seen on the property or if doors or
2756 windows are unsecured.
2757
2758 18.48.225: METHOD OF SECURING BUILDINGS:
2759 All buildings shall be boarded in the following manner:
2760 A. Securing Opening: All openings in the structure on the first floor, other openings
2761 easily accessible from the ground, and openings with broken glass, shall be secured either by
2762 erecting a single one-half 1/2 inch (1/2") thick layer of plywood sheathing or similar material,
2763 not to include chipboard/OSB, covering over all exterior openings, overlapping the opening on
2764 every edge by three3 inches (3"), affixed along the edges by nails or screws spaced every six6
2765 inches (6").
2766 B. Alternatives to Securing Openings: Alternately, the openings may be secured by
2767 conventional wood frame construction. The frames shall use wood studs of a size not less than
2768 two2 inches by four4 inches (2" x 4") (nominal dimension) placed not more than 24twenty four
2769 inches (24") apart on center. The frame stud shall have the four4 inch (4") sides or the wide
76
LEGISLATIVE DRAFT
2770 dimension perpendicular to the face of the wall. Each side of the frame shall be covered with
2771 plywood sheathing or similar material of at least one-half1/2 inch (1/2") thickness or equivalent
2772 lumber nailed over the opening by using nails or screws spaced every six6 inches (6") on the
2773 outside edges and every twelve12 inches (12") along intermediate stud supports; and
2774 C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
2775 adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
2776 described in Subsection A or B of this section or successor sections.
2777
2778 18.48.230: LANDSCAPE MAINTENANCE:
2779 Existing landscaping and lawn on the property shall be maintained in the manner otherwise
2780 required by Chapters 9.16 and 21A.48.
2781
2782 18.48.235: EXTERIOR MAINTENANCE:
2783 A. Exterior Oof Building: The exterior of a boarded building shall be maintained as
2784 required by relevant requirements set forth in Section 18.50.140 of this title. In particular,
2785 exterior walls and surfaces shall be properly maintained and severely weathered, peeling, or
2786 unpainted wood and damaged siding and roofing shall be replaced or repaired with similar
2787 materials and colors.
2788 B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
2789 railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
2790 interior of a boarded building shall not be salvaged except upon the issuance of a permit as
2791 provided in Section 18.64.070 of this title.
2792 C. Enforcement of Exterior Maintenance Requirements: If the owner of a boarded
2793 building fails to maintain the building and its premises as required by this section and Section
2794 18.64.045 of this title, the city may take appropriate legal action to enforce such requirements.
2795
2796 18.48.240: SNOW AND ICE REMOVAL:
2797 Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
2798 the manner indicated in Section 14.20.070 of this code.
2799
2800 18.48.245: CITY MAINTENANCE OF PROPERTY:
2801 A. Notice: If the building official or the building official's designee determines that a
2802 boarded building and/or property is not being maintained, the building official or the building
2803 official's designee shall issue a notice and order pursuant to Section 18.24.040send a notice to the
2804 property owner and/or the property owner's agent requiring compliance with the building
2805 maintenance standards as required in city code.
77
LEGISLATIVE DRAFT
2806 B. Failure to Comply with Notice: If the building official or designee determines that
2807 the property owner has failed to comply with the notice and order, the city may cause the work to
2808 be done by a contractor hired by the city and the city may recover its abatement costs in
2809 accordance with the process set forth in Section 18.48.100.
2810 C. City's Recovery Of Costs: The city shall bill the property owner:
2811 1. The administrative fee shown on the Salt Lake City consolidated fee
2812 schedule to cover the city's administrative expenses in contracting for the building
2813 maintenance; and
2814 2. The actual cost of building maintenance billed to the city by the city's
2815 contractor.
2816
2817 18.48.250: CITY MAINTENANCE OF LANDSCAPING:
2818 If the building official or the building official's designee determines that the landscaping on the
2819 property surrounding a boarded building is not being maintained as required by city code, the
2820 building official or the building official's designee shall follow the notice of violation and
2821 corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
2822
2823 18.48.255: VIOLATIONS:
2824 A. It is unlawful for the building owner to fail to maintain the boarded building or
2825 ensure the building remains vacated after the property has been abated by either the city or the
2826 building owner. Each day a violation occurs shall be a separate offense.
2827 B. Violations of the provisions of this chapter are punishable in accordance with
2828 Chapter 18.24by imposing a civil penalty as provided in Section 21A.20.010 et seq., of this code.
2829
2830 18.48.260: BUILDING INSPECTIONS REQUIRED:
2831 Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
2832 reoccupy a building that has been boarded, the building is to be inspected by the building official
2833 or designee and a permit must be issued by building services or its successor prior to the building
2834 owner, manager, or tenant initiating any of the above actions. Any person conducting any work
2835 on a building that has been boarded or closed to occupancy must have a valid building permit at
2836 all times.
2837
2838 SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
2839 18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
2840 Housing) is hereby amended as follows:
78
LEGISLATIVE DRAFT
2841
2842 CHAPTER 18.50
2843 EXISTING RESIDENTIAL HOUSING
2844
2845 18.50.010: TITLE:
2846 This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
2847 ORDINANCE and is referred to herein as "this chapter".
2848
2849 18.50.020: PURPOSE AND SCOPE:
2850 A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
2851 convenience and aesthetics of Salt Lake City and its present and future inhabitants and
2852 businesses, to protect the tax base, and to protect property values within the city, as provided by
2853 sSection 10-9a-102, of the Utah Code Annotated, or its successor section, and other applicable
2854 state statutes. This purpose shall be accomplished by regulating the maintenance, repair and
2855 remodeling of residential buildings specified in this chapter existing as of the date of enactment
2856 hereof by:
2857 1. Establishing minimum housing standards for all buildings or portions
2858 thereof used, or designed or intended to be used, for human habitation;
2859 2. Establishing minimum standards for safety from fire and other hazards;
2860 3. Promoting maintenance and improvement of structures by applying
2861 standards of this chapter to renovations. This chapter allows distinctions in the
2862 application of standards based on the year a structure was built, as long as a reasonable
2863 level of safety is achieved;
2864 4. Avoiding the closure or abandonment of housing and the displacement of
2865 occupants where such can be done without sacrificing the public health, safety and
2866 welfare;
2867 5. Providing for the administration, enforcement and penalties for this
2868 chapter.
2869 B. Scope:
2870 1. Application Tto Existing Buildings: This chapter encompasses fire safety
2871 and structural integrity of existing residential buildings. Within the structures, the scope
2872 includes equipment and facilities for light, ventilation, heating, sanitation, protection
2873 from the elements, space requirements, and for safe and sanitary maintenance.
2874 2. Owner Occupied Versus Rental Properties: Except as specified in
2875 subsection B3 of this section, the standards of this chapter apply to the interior and
2876 exterior of all buildings, dwelling units and premises which are occupied on a rental
2877 basis. For buildings or dwelling units which are occupied solely by the owner and the
79
LEGISLATIVE DRAFT
2878 owner's family, all the requirements defined as imminent danger or hazardous condition
2879 situations, and those affecting the exterior of the building and premises shall apply. Other
2880 interior standards do not apply to owner occupied dwelling units.
2881 3. Condominiums: Repealed.
2882 2.4. Application Tto Remodeling Oof Existing Residential Buildings: This
2883 chapter shall apply to remodeling or renovation of all residential buildings existing as of
2884 the date of enactment hereof as follows:
2885 a. This chapter applies regardless of tenancy, regardless of the
2886 valuation of the renovations, and regardless of the date of such remodeling or
2887 renovation, unless otherwise noted in this chapter.
2888 b. Those buildings or portions thereof which conform with all
2889 applicable laws in effect at the time of their construction or whose fire resistive
2890 integrity and fire extinguishing systems have been adequately maintained and
2891 improved to accommodate any increase in occupant load, alteration or addition, or
2892 any change in occupancy may continue in accordance with the standards in effect
2893 at that time. This chapter shall not lessen such requirements for residential
2894 buildings which were constructed in compliance with the code in effect at the
2895 time of construction.
2896 bc. The requirements of this chapter are minimums. During a
2897 renovation or remodeling project, whenever conditions exist which allow such
2898 work to comply with the codes adopted in Section 18.04.040, such codesstandard
2899 of the UBC, UPC or UMC these codes shall apply.
2900 cd. When a construction standard is omitted from this chapter, the
2901 applicable standard shall be the state construction codes adopted andUBC, UMC
2902 or UPC in effect at the time the building was constructed or at the time the
2903 relevant electrical, mechanical, or plumbing element was installed, whichever is
2904 later.
2905 de. When the purpose of the renovation is to create new dwelling
2906 units, the codes adopted in Section 18.04.040UBC rather than this chapter shall
2907 apply.
2908 3.5. Application Tto New Construction: From the date of adoption hereof,
2909 newly constructed buildings must comply with the codes adopted pursuant to Section
2910 18.04.040currently adopted UBC. All additions to an existing building envelope shall
2911 comply with the codes adopted pursuant to Section 18.04.040most recently adopted
2912 edition of the UBC.
2913 6. Dangerous Buildings: Residential buildings subject to section 302 of the
2914 UCADB shall be governed by the UCADB and not by this chapter. If any conflict exists
2915 between this chapter and the UCADB, the UCADB shall control.
80
LEGISLATIVE DRAFT
2916 4.7. Change Oof Use: Any building undergoing a change which intensifies the
2917 use, as defined in the UBC and the uniform code for building conservation, shall comply
2918 with the provisions of the codes adopted pursuant to Section 18.04.040UBC.
2919 5.8. Permits Required: Except as provided in this subsection, no building or
2920 structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
2921 removed, converted, or demolished unless a separate permit for each building or structure
2922 has first been obtained from the building official. Except where required by state law,
2923 permits are not required for those items identified in Section 105.2 of the International
2924 Building Code and International Residential Code, or as otherwise directed by the
2925 building official.the following:
2926 a. Floor covering installation;
2927 b. Interior and exterior painting;
2928 c. Attaching interior finish wall coverings and similar interior finish work;
2929 d. Replacement of glazing except where safety glazing is required by the
2930 UBC;
2931 e. Patching wall surfaces;
2932 f. Installation of countertops and cabinets;
2933 g. Replacement of interior and exterior light fixtures;
2934 h. Replacement of electrical wall outlets and switches;
2935 i. Replacement of kitchen or bathroom sinks, toilets or bidets where the trap
2936 and trap arm are not replaced or extended;
2937 j. Replacement of faucets, washers and traps (when the trap is replaced with
2938 like installation and the trap arm and the existing vents and drain lines are not disturbed);
2939 k. Repair of irrigation pipelines where the backflow preventers exist or are
2940 not being replaced;
2941 l. Replacement of filters, belts and motors in mechanical systems;
2942 m. Installation of battery operated smoke detectors or one 120-volt smoke
2943 detector;
2944 n. Replacement of sidewalks on private property;
2945 o. Replacement of ventilation fans;
2946 p. Seasonal weatherization, as long as it does not prevent emergency egress.
2947 C. Violations: It is unlawful for any person to:
81
LEGISLATIVE DRAFT
2948 1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
2949 demolish, equip, use, occupy or maintain any building or structure or cause or permit the
2950 same to be done in violation of this chapter;
2951 2. Fail to obey a notice and order issued pursuant to this chapter;
2952 3. Occupy, or rent for occupancy, a building that has been closed to
2953 occupancy; or
2954 4. Fail to obey an interpretation, decision or requirement of the board of
2955 appeals and examinershousing advisory and appeals board within thirty (30) days, unless
2956 otherwise noted.
2957
2958 18.50.030: DEFINITIONS:
2959 A. Construction Oof Terms: For the purpose of this chapter, certain terms, phrases,
2960 words, and their derivations shall be construed as specified in this section. Words used in the
2961 singular include the plural, and words used in the plural include the singular.
2962 B. Whole Includes Part: Whenever the words "apartment house", "building",
2963 "dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
2964 this chapter such words shall be construed as if followed by the words "or any portion thereof",
2965 except for owner occupied areas as specified in subsection 18.50.020B2 of this chapter.
2966 C. Referenced Documents: References to codes, ordinances, chapters, sections, or
2967 subsections shall include any successor to such code, ordinance, chapter, section, or subsection
2968 that has been adopted by the city.
2969 D. Defined Terms:
2970 ADDITION: An increase in floor area or height of a building or structure outside of the existing
2971 building envelope.
2972 ADMINISTRATIVE HEARING OFFICER: A member of the building services and licensing
2973 staff who has been authorized by HAAB to conduct administrative hearings to establish a repair
2974 agreement between the property owner and the building official to resolve the property's
2975 deficiencies as defined by this code.
2976 AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
2977 who acts for or on behalf of others.
2978 APARTMENT HOUSE: Any building which contains three (3) or more dwelling units otherwise
2979 subject to this code.
2980 APPROVED: As to a given material, mode of construction or repair, piece of equipment or
2981 device means approved by the building official as the result of investigation and/or tests
2982 conducted by the building official, or by reason of accepted principles or tests by recognized
2983 authorities or technical or scientific organizations.
82
LEGISLATIVE DRAFT
2984 ATTIC: That portion of a building included between the upper surface of the topmost floor and
2985 the ceiling or roof above.
2986 BASEMENT: A floor level, any part of which is more than four4 feet (4') below grade for more
2987 than fifty percent (50%) of the total perimeter or more than eight8 feet (8') below grade at any
2988 point as floor and grade are defined in the UBC.
2989 BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
2990 tub or shower. It may also include a bidet.
2991 BEDROOM: Any space designed or used for sleeping.
2992 BOARDING HOUSE (or ROOMING HOUSE): A building other than a hotel or motel, with
2993 three (3) or more bedrooms where direct or indirect compensation for lodging and/or kitchen
2994 facilities, not located in guestrooms, or meals are provided for boarders and/or roomers not
2995 related to the head of the household by marriage, adoption or blood. Rentals must be on at least a
2996 monthly basis.The same as defined in Title 21A.
2997 BUILDING: Any structure which is used, designed or intended to be used for human habitation.
2998 BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
2999 A building which has been closed to occupancy.
3000 BUILDING ENVELOPE: The space defined by existing floors, exterior walls, roof, basement
3001 and attic, but not including attached garages.
3002 BUILDING INSPECTOR: A person designated by the building official to make inspections of
3003 buildings and properties covered by this chapter.
3004 BUILDING OFFICIAL: The officer or other designated authority charged with the
3005 administration and enforcement of this chapter, or the officer's designee.
3006 BUILDING SERVICES AND LICENSING: The office of the city charged with the
3007 administration of the city's building and housing ordinances.
3008 CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
3009 lowest point of the ceiling framing members. Where projectionsobstructions other than lighting
3010 fixtures exist below the ceiling, the height shall be measured from the projectionobstruction to
3011 the finished floor.
3012 CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
3013 occupancy of a building.
3014 CITATION DEADLINE: The date identified in the second notice of violation, including any
3015 authorized extension of time.
3016 COMMON ROOM: A room available in congregate housing for the shared use of occupants of
3017 two (2) or more housing units. This does not include common corridors and exit passages, but
3018 does include kitchens and game rooms.
3019 CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
3020 57-8-3, of the Utah Code Annotated, 1953, as amended, or its successor.
83
LEGISLATIVE DRAFT
3021 CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
3022 sanitation, as required by this chapter, and may include facilities for eating and cooking, for
3023 occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
3024 dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
3025 include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
3026 COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
3027 nonportable cooktop and oven, and a sink.
3028 CORRIDOR: A hallway that serves more than one dwelling unit.
3029 COURT: A space, open and unobstructed to the sky, located at or above grade level and bounded
3030 on three (3) or more sides by walls of a building.
3031 CROSS CONNECTION: Any connection or arrangement, physical or otherwise, between a
3032 potable water supply system and any plumbing fixture or any tank, receptacle, equipment or
3033 device, through which unclean or polluted water or other substances may contaminate such
3034 potable water supply system.
3035 DWELLING UNIT: Any building or a portion thereof which contains living facilities, including
3036 provisions for sleeping, eating, cooking, and sanitation, as required by this chapter.
3037 EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
3038 bath and/or kitchen in the unit.
3039 EXISTING: In existence prior to adoption hereof.
3040 EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
3041 intervening aisles, doorways, gates, corridors, exterior exit balconies, ramps, stairways,
3042 smokeproof enclosures, horizontal exits, exit passageways, and exit access rampscourts and
3043 yards as these terms are defined in the International Building CodeUBC.
3044 FAMILY: The same as defined in tTitle 21A of this code.
3045 FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
3046 spread of fire, as specified in the UBC.
3047 FIRST NOTICE: The initial notice informing the person cited that a housing violation exists.
3048 FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
3049 cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
3050 walls or other partitions.
3051 GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
3052 storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
3053 GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
3054 including safety glass, but not including glass block.
3055 HAAB: The city's housing advisory and appeals board created pursuant to title 2, chapter 2.21 of
3056 this code.
84
LEGISLATIVE DRAFT
3057 HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
3058 toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
3059 HALL: A space used for circulating between the rooms of a building within an individual
3060 dwelling unit.
3061 HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
3062 failure of a structural, electrical, mechanical or plumbing component system or systems is likely
3063 to occur reasonably soonwithin the next ninety six (96) hours but which has not yet occurred or
3064 which is not serious enough to be considered an "imminent danger". "Hazardous conditions"
3065 consist of any of the following:
3066 1. All of the conditions listed under the definition of "imminent danger" if
3067 those conditions can be repaired with safelyty while all or the affected part of the
3068 building or unit remains occupied; or
3069 2. "Imminent danger" conditions which have been partially secured pursuant
3070 to Section 18.24.030.Esubsection 18.50.060B2b of this chapter;
3071 3. Improper, missing, misused or malfunctioning electrical service or
3072 disconnect devices;
3073 4. Cracked, displaced or missing foundations resulting in settlement and
3074 structural damage;
3075 5. Defective or deteriorated flooring or floor supports;
3076 6. Flooring or floor supports of insufficient size to carry imposed loads with
3077 safety;
3078 7. Members of walls, partitions or other vertical supports that crack, split,
3079 lean, list or buckle due to defective material or deterioration where failure is likely to
3080 occur reasonably soonwithin the next ninety six (96) hours but is not likely to occur
3081 immediately;
3082 8. Members of walls, partitions or other vertical supports that are of
3083 insufficient size to carry imposed loads with safety;
3084 9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
3085 or vertical members which sag, split or buckle due to defective material or deterioration;
3086 10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
3087 congregate housing unit;
3088 11. Lack of or inoperable kitchen sink in a dwelling unit or congregate
3089 housing unit;
3090 12. Fireplaces or chimneys which are of insufficient size or strength to carry
3091 imposed loads with safety such that failure is likely to occur reasonably soonwithin the
3092 next ninety six (96) hours but is not likely to occur immediately;
85
LEGISLATIVE DRAFT
3093 13. Except as defined under "imminent danger" below, conditions that reduce
3094 the width, height or area of a required emergency exitway or required escape window;
3095 14. All buildings or portions thereof which are not provided with the operable
3096 fire extinguishing systems or equipment required by city codes;
3097 15. Buildings or portions thereof occupied for living, sleeping, cooking or
3098 dining purposes which were not designed or intended to be used for such occupancies;
3099 16. Lack of a kitchen area equipped with a working stove, oven, sink and
3100 refrigerator unless specified otherwise by this code.
3101 HISTORIC BUILDING: Any building or structure which has been designated for preservation
3102 by Salt Lake City pursuant to tTitle 21A of this code or its successor, or has been listed on the
3103 National Register of Historic Places or on the Utah State Register of Historic Places, or is a
3104 contributory structure located in an historic district designated pursuant to tTitle 21A of this
3105 code.
3106 HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
3107 out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
3108 HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
3109 lodging on a daily or weekly basis.
3110 IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
3111 structural, electrical, mechanical or plumbing systems have failed so that they may cause
3112 immediate death or serious injury to the building's occupants or the public. Conditions of
3113 "imminent danger" are those that are so severe and dangerous that either repairs cannot be
3114 completed immediately or it is appropriate to have the residents or other occupants leave the
3115 building or unit before the repairs have begun. "Imminent danger" consists of any of the
3116 following and other similarly serious conditions:
3117 1. Failed or missing foundations, beams, columns, floor systems;
3118 2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
3119 members which sag, split or buckle and failure is likely to occur at any moment;
3120 3. Broken water lines causing flooding which is undermining structural
3121 supports or otherwise endangering the building's integrity;
3122 4. Leaking gas;
3123 5. Missing flues or vent connectors resulting in exhaust gases entering the
3124 building;
3125 6. Lack of adequate heating facilities during the months of October through
3126 April;
3127 7. Overload of main and branch electrical distribution systems;
3128 8. Exposed electrical wires, fuses and electrical current breakers capable of
3129 producing electrical shock or fire and readily accessible to the occupants or the public;
86
LEGISLATIVE DRAFT
3130 9. Stairs and stair components that cannot carry the loads intended and which
3131 may collapse if so loaded;
3132 10. Contaminated water systems;
3133 11. A complete absence of toilet facilities;
3134 12. A complete lack of water supply or sewage disposal facilities, as a result
3135 of a failure of a building's or dwelling unit's system and not a city system failure;
3136 13. Blocked emergency egress halls, corridors and/or doors, including
3137 accumulation or storage of materials in stairways, corridors, doors or windows, or other
3138 condition which blocks the means of egress.
3139 INFESTATION: The presence of insects, rodents or other pests in or around a building in
3140 numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
3141 KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
3142 which includes permanently installed cooking facilities.
3143 LISTED AND LISTING: Terms referring to equipment and materials which are shown in a list
3144 published by an approved testing agency qualified and equipped for experimental testing and
3145 maintaining an adequate periodic inspection of current productions. The listing states that the
3146 material or equipment complies with accepted national standards which are approved, or
3147 standards which have been evaluated for conformity with approved standards.
3148 MAINTENANCE: The repair, replacement and refinishing of any component of an existing
3149 structure, but does not include alteration or modification to the existing weight bearing structural
3150 components.
3151 MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
3152 minor in nature and is less severe or dangerous than a "substandard condition". "Minor
3153 deficiencies" include the following, and other similarly minor conditions:
3154 1. Interior finish wall coverings missing or in disrepair;
3155 2. Lack of paint;
3156 3. Dripping or leaking kitchen or bathroom faucets;
3157 4. Soffit and fascia trim of which no more than twenty percent (20%) is
3158 weathered, missing, or loose.
3159 MONUMENTAL STAIRS: A stairway, exceeding four4 feet (4') in width, at the main entrance
3160 on the exterior of a building.
3161 MULTIPLE-FAMILY STRUCTURE: A residential building containing three (3) or more
3162 dwelling units.
3163 NEC: The edition of the national electrical code currently adopted by the city.
3164 NOTICE AND ORDER: A document which:
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LEGISLATIVE DRAFT
3165 1. Provides notice of the existence of a condition covered by this chapter;
3166 2. Orders certain actions by the owner or owner's designee; and
3167 3. Specifies subsequent processes.
3168 NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has
3169 been cured.
3170 NOTIFIED PARTY: The person or persons to whom a notice and order is issued.
3171 OCCUPANT: A person occupying or having possession of a dwelling unit.
3172 OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
3173 window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
3174 street, alley or recess from a court.
3175 OWNER: Any person, individual, firm, corporation, associate, joint venture or partnership and
3176 its agents or assigns who has title or interest in any building, with or without accompanying
3177 actual possession, and including any person who as agent or executor, administrator, trustee or
3178 guardian of an estate has charge, care or control of any building.
3179 PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
3180 likely to walk because of the location of doors, fixtures or furniture placement when size of room
3181 restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
3182 located near the middle of the room are within the pattern of circulation.
3183 PERSON: Any individual, firm, corporation, association, joint venture or partnership and its
3184 agents or assigns.
3185 PERSON CITED: The owner, owner's agent, tenant or occupant of any building or land or part
3186 thereof and any architect, builder, contractor, agent or other person who participates in, assists,
3187 directs or creates any situation that is contrary to the requirements of this chapter, and who
3188 received the notice of violation and is being held responsible for the violation.
3189 PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
3190 or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
3191 such water distribution or drainage piping and including potable water treating or using
3192 equipment, and any lawn sprinkling system.
3193 PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
3194 PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the
3195 ground to the sky which is deeded, dedicated, or otherwise permanently appropriated to the
3196 public for public use and which has a clear width of not less than ten feet (10').
3197 RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
3198 RISE: The vertical portion of a stair step.
3199 ROOMING HOUSE: A building or group of attached or detached buildings containing in
3200 combination at least three (3) lodging units for occupancy on at least a monthly basis, with or
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LEGISLATIVE DRAFT
3201 without board, as distinguished from hotels and motels in which rentals are generally for a daily
3202 or weekly period and occupancy is by transients.
3203 RUN: The horizontal portion of a stair step, measured from the leading edge of the stair tread to
3204 a point directly beneath the leading edge of the step directly above.
3205 SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
3206 one combined sleeping and living room and may include a kitchen and/or a separate private
3207 bathroom.
3208 SAFETY: The condition of being safe from causing harm, injury or loss.
3209 SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin
3210 to accrue if the housing violation is not corrected.
3211 SECURED BUILDING: A building where all windows and doors are intact and lockable against
3212 unauthorized entry.
3213 SLOPING CEILING: Any ceiling with a slope greater than one- half1/2 inch (1/2") per foot.
3214 SMOKE DETECTOR: An approved device which senses visible or invisible particles of
3215 combustion.
3216 SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
3217 the building.
3218 SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
3219 exclusive use of the occupants of the unit.
3220 STORY: That portion of a building included between the upper surface of any floor and the
3221 upper surface of the floor next above or the bottom surface of the roof structure.
3222 STRUCTURE: Anything that is built or constructed for residential occupancy, or attached to a
3223 building for residential occupancy.
3224 SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
3225 condition in a residential building or dwelling unit which violates applicable codes but with
3226 maintenance or repair can be made fully safe and which does not amount to an "imminent
3227 danger" or a "hazardous condition". "Substandard conditions" include the following as well as
3228 any violations of the standards in this chapter which have not been included in the categories of
3229 "imminent danger", "hazardous condition" or "minor deficiency":
3230 1. Deteriorated or inadequate foundations with cracking and evidence of
3231 settlement;
3232 2. Defective or deteriorated flooring or floor supports;
3233 3. Members of walls, partitions or other vertical supports that split, lean, list
3234 or buckle due to defective material or deterioration;
3235 4. Members of ceilings, roofs, ceiling and roof supports, or other members
3236 that are of insufficient size to carry live and dead loads with safety;
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LEGISLATIVE DRAFT
3237 5. Soffit and fascia trim more than twenty percent (20%) of which is
3238 weathered, missing or loose;
3239 6. Missing, decayed, buckling or worn out roof covering;
3240 7. Roof having more than two (2) layers of shingle type roof covering;
3241 8. Fireplaces or chimneys which list, bulge or settle, due to defective
3242 material or deterioration;
3243 9. Parapet wall or parapet cap bricks that are loose or missing;
3244 10. Stair risers, treads, jacks, stringers or supports that are cracked or
3245 otherwise deteriorated or missing;
3246 11. Plumbing which was not installed in accordance with the adopted
3247 plumbing code in effect at the time of installation or with generally accepted construction
3248 practices, has not been maintained in good condition, or is not free of cross connections
3249 or siphonage;
3250 12. Continuous running water in a toilet, bathroom sink or kitchen sink;
3251 13. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
3252 or congregate housing structure;
3253 14. Mechanical equipment which was not installed in accordance with codes
3254 in effect at the time of installation, or with generally accepted construction practices, or
3255 which has not been maintained in good and safe condition;
3256 15. Inoperable heating systems during the months of May through September;
3257 16. Inoperable air conditioning systems, when the building is supplied with
3258 such a system and lacks other adequate forms of ventilation and the air conditioning
3259 system fails to keep the air temperature below eighty five degrees Fahrenheit (85°F);
3260 17. Damaged or missing heat ducts or missing heat duct registers;
3261 18. Electrical wiring which was not installed in accordance with codes in
3262 effect at the time of installation or with generally accepted construction practices, has not
3263 been maintained in good condition, or is not being used in a safe manner;
3264 19. Missing light fixtures, switches and outlet and switch cover plates;
3265 20. Overcurrent situations such as those caused by the use of electrical
3266 extension cords and multiple light fixtures;
3267 21. Lack of the minimum natural light and ventilation required by this
3268 chapter;
3269 22. Room and space dimensions less than that required by this chapter;
3270 23. Dampness of habitable rooms as evidenced by water damage or excess
3271 moisturecondensation or mold on ceilings, walls or floors;
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LEGISLATIVE DRAFT
3272 24. Deteriorated, crumbling or loose plaster or stucco;
3273 25. Deteriorated or ineffective waterproofing of exterior walls, roof,
3274 foundation or floors, including broken windows or doors;
3275 26. Deteriorated or lack of weather protection for exterior wall coverings;
3276 27. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
3277 28. Wood has been installed within six6 inches (6") of earth which is not
3278 naturally decay resistant, treated wood or wood protected by an approved barrier;
3279 29. Infestation of insects, vermin or rodents as determined by the Salt Lake
3280 CountyValley health department, or its succcessor;
3281 30. Lack of garbage and rubbish storage and removal facilities as determined
3282 by the Salt Lake ValleyCounty health department regulations;
3283 31. Those premises on which an accumulation of weeds, vegetation, junk,
3284 dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
3285 materials or conditions constitute a violation of the Salt Lake CountyValley health
3286 department regulations;
3287 32. Any building, device, apparatus, equipment, combustible materials or
3288 vegetation which, in the opinion of the chief of fire department or building official, is in
3289 such a condition as to cause a fire or explosion or provide a ready fuel to augment the
3290 spread and intensity of fire or explosion arising from any cause;
3291 33. Any fire resistive requirement of this chapter which is not met;
3292 34. Drainage of water from roofs or yards in a manner that creates flooding or
3293 damage to a structure;
3294 35. Any equipment or apparatus that causes excessive noise, pollution, odor or
3295 light as defined by the Salt Lake City code or Salt Lake ValleyCounty health regulations;
3296 36. Guardrails or handrails in common areas that are missing or cannot
3297 support required loads.
3298 TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
3299 a tub or shower.
3300 UBC: The edition of the uniform building code currently adopted by the city.
3301 UCADB: The edition of the uniform code for the abatement of dangerous buildings currently
3302 adopted by the city.
3303 UFC: The edition of the uniform fire code currently adopted by the city.
3304 UMC: The edition of the uniform mechanical code currently adopted by the city.
3305 UPC: The edition of the uniform plumbing code currently adopted by the city.
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3306 UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
3307 building official to be an "imminent danger" or "hazardous condition" situation as defined by this
3308 chapter, or which fails to meet the sanitation requirements of the Salt Lake ValleyCounty health
3309 department.
3310 VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
3311 or skylight which opens upon a roof, yard, court, street or alley.
3312 YARD: As defined in Title 21AAn open space, other than a court, unoccupied by any structure
3313 on the lot on which a building is situated, unobstructed from the ground to the sky.
3314
3315 18.50.040: AUTHORITY:
3316 A. Enforcement: The building official is authorized to enforce all the provisions of
3317 this chapter. The building official may issue and deliver enforcement orderscitations under
3318 authority provided by state law.
3319 B. Interpretation: The building official may render interpretations of this chapter and
3320 adopt and enforce rules and supplemental regulations pursuant to adopted state construction
3321 codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
3322 conform to the intent and purpose of this chapter, and shall be made available in writing for
3323 public inspection upon request.
3324 C. Alternate Materials Aand Methods Oof Construction: This chapter is not intended
3325 to exclude any method of structural design or repair not specifically provided for in this chapter
3326 or applicable adopted state construction codesthe UBC. The building official may approve any
3327 alternate material or method of construction conforming to the applicable adopted state
3328 construction codesalternate design and methods of construction section of the UBC.
3329
3330 18.50.050: RIGHT OF ENTRY:
3331 A. Inspection: Whenever it is necessary to make an inspection to enforce any
3332 provisions of this chapter, or whenever the building official has reasonable cause to believe a
3333 code violation exists in any building or upon any premises which makes such building or
3334 premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
3335 of the owner or other person having charge or control of the premises or dwelling unit, or upon
3336 obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
3337 imposed by this chapter. If such building or premises is occupied, the building official shall first
3338 present proper credentials and request entry. If such building or premises is unoccupied, the
3339 building official shall first make a reasonable effort to locate the owner or other persons having
3340 charge or control of the building or premises and request entry. If such entry is refused, the
3341 building official shall have recourse to every remedy provided by law to secure entry. The
3342 building official shall establish written policies which outline owner notification procedures for
3343 regular inspections and establish handling of owner notification for tenant reports of unsafe,
3344 dangerous and hazardous conditions.
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LEGISLATIVE DRAFT
3345 B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
3346 unattended and the owner or other person having charge or control of the building or premises
3347 cannot be located after reasonable effort, the building official or building official's designee may
3348 enter the building. The building official shall issue a notice and order pursuant to Section
3349 18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
3350 unauthorized persons.
3351 C. Inspection Notification: In imminent danger or hazardous condition situations, or
3352 when authorization to enter has not previously been granted by a tenant, the owner shall give the
3353 tenant a minimum of twenty four (24) hours' notification of an inspection of the tenant's premises
3354 by the building official.
3355 D. Violations: Whenever the building official has inspected a building and found
3356 violations of this chapter, the building official has the authority to commence action to cause the
3357 repair, rehabilitation or vacation of the building. The building official shall issue a notice and
3358 order to the owner(s) of the building, which shall list all violations, giving the section number
3359 and a detailed description of each, and classified by severity according to the following
3360 categories: imminent danger, hazardous condition, substandard condition, and minor deficiency
3361 situations. For each violation, or category of violation, the notice and order shall state the
3362 following, described in sections 18.50.060 through 18.50.090 of this chapter:
3363 1. The corrective action necessary for the violation(s);
3364 2. A time frame for compliance;
3365 3. The appeals and administrative hearing officer process; and
3366 4. Specific remedies the city may reasonably expect to take if the violations
3367 are not corrected.
3368
3369 18.50.060: RESERVEDIMMINENT DANGER SITUATIONS:
3370 A. Determination: If the building official determines that an imminent danger exists,
3371 the building official shall take the actions specified in this section.
3372 B. Notice And Order: The building official shall issue a notice and order containing
3373 the following:
3374 1. A notice listing the building's or unit's violations and the reason(s) that the
3375 building official determines that such conditions constitute an imminent danger;
3376 2. An order requiring:
3377 a. Immediate vacation of the building or dwelling unit, or
3378 b. The closure of that portion or system if the building official
3379 determines that a portion or system of the building or unit can be closed or
3380 otherwise secured so that the rest of the building or unit remains occupiable; and
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LEGISLATIVE DRAFT
3381 3. An explanation of the appeal rights and processes specified in subsection
3382 E of this section.
3383 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section
3384 shall be posted on the building entrance doors and on the entrance doors of all dwelling units
3385 affected by the notice and order. The notice and order shall also be mailed to the owner or the
3386 owner's designated agent by both certified mail, return receipt requested, and ordinary first class
3387 mail, postage prepaid, or shall be delivered by hand.
3388 D. Notified Party Actions: Within twenty four (24) hours after the issuance of the
3389 notice and order, the notified party shall take out all required permits and cause the building or
3390 dwelling unit to be either repaired or, if repairs cannot be or are not completed within twenty
3391 four (24) hours, secured from entry as required by other portions of this code.
3392 E. Expedited Appeal:
3393 1. If the notified party disagrees with the notice and order and files an appeal
3394 in writing within seven (7) days of the issuance of the notice and order, the appeal shall
3395 be heard before an HAAB panel within two (2) days of receipt of the appeal.
3396 2. The HAAB panel shall issue a written decision within two (2) days of the
3397 hearing.
3398 3. If the notified party is dissatisfied with the HAAB panel decision, the
3399 notified party may appeal by filing a written notice with the mayor within seven (7) days
3400 of the HAAB decision.
3401 4. The mayor or the mayor's designee shall consider the appeal on the record
3402 made before HAAB and the written appeal. The mayor or the mayor's designee may
3403 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3404 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3405 on the written materials or materials presented at a publicly conducted hearing.
3406 5. The appeal shall be considered, and the mayor or the mayor's designee
3407 shall issue a final decision within twelve (12) days of the receipt of the appeal.
3408 6. The filing of an appeal shall not stay the requirements of the notice and
3409 order.
3410 F. City Remedies: If the notified party fails to repair or secure the property,
3411 the city may take all appropriate remedies authorized by law including, the imposition of
3412 civil fines, obtaining any necessary authorization to enter the property to secure it from
3413 occupancy or, if the property conditions represent a threat to the public, abating the
3414 deficiency as a public nuisance or taking other appropriate actions.
3415
3416 18.50.070: RESERVEDHAZARDOUS CONDITION SITUATIONS:
3417 A. Determination: If the building inspector determines that a hazardous condition
3418 exists, the building inspector shall take the actions specified in this section.
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LEGISLATIVE DRAFT
3419 B. Notice And Order: The building inspector shall issue a notice and order
3420 containing the following:
3421 1. A notice listing the building's or unit's violations and the reason(s) that the
3422 building inspector determines that such conditions constitute a hazardous condition;
3423 2. An order requiring the notified party to:
3424 a. Take out all necessary permits and repair the hazardous condition
3425 within three (3) days, or
3426 b. Close the building or required portions thereof to occupancy within
3427 three (3) days;
3428 3. An explanation of the appeal rights and processes specified in subsection
3429 E of this section.
3430 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section
3431 shall be posted on the building entrance doors and on the entrance doors of all dwelling units
3432 affected by the notice and order. The notice and order shall also be mailed to the owner or the
3433 owner's designated agent by both certified mail, return receipt requested, and ordinary first class
3434 mail, postage prepaid, or shall be delivered by hand.
3435 D. Notified Party Actions: Within three (3) days after the issuance of the notice and
3436 order, the notified party shall take out all required permits and cause the building or dwelling
3437 unit to be either repaired or vacated and secured from entry as required by other portions of this
3438 code. The building official may extend the time for completing the required work to six (6) days
3439 from the date of issuance of the notice and order provided the required permits are taken out
3440 within three (3) days of the date of issuance of said notice and order.
3441 E. Appeal:
3442 1. If the notified party disagrees with the notice and order, the notified party
3443 may appeal in writing within fourteen (14) days of the issuance of the notice and order.
3444 The appeal shall be heard before an HAAB panel within thirty (30) days of receipt of the
3445 appeal.
3446 2. Appeals under this subsection shall stay the enforcement of those items
3447 appealed on the notice and order.
3448 3. The HAAB panel shall issue a written decision within seven (7) days of
3449 the hearing.
3450 4. If the notified party is dissatisfied with the HAAB panel decision, the
3451 notified party may appeal by filing a written notice with the mayor within seven (7) days
3452 of the HAAB decision.
3453 5. The mayor or the mayor's designee shall consider the appeal on the record
3454 made before HAAB and the written appeal. The mayor or the mayor's designee may
3455 accept additional evidence only if the evidence was improperly rejected by HAAB. The
95
LEGISLATIVE DRAFT
3456 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3457 on the written materials or materials presented at a publicly conducted hearing.
3458 6. The appeal shall be considered, and the mayor or the mayor's designee
3459 shall issue a final decision within twelve (12) days of the receipt of the appeal.
3460 F. City Remedies: If the notified party fails to repair or secure the property as
3461 required, the city may take all appropriate remedies authorized by law including, the imposition
3462 of civil fines, closing all or a portion of the building, obtaining any necessary authorization to
3463 enter the property to secure it from occupancy or, if the property conditions represent a threat to
3464 the public, abating the deficiency as a public nuisance or taking other appropriate actions.
3465
3466 18.50.080: RESERVEDSUBSTANDARD CONDITION SITUATIONS:
3467 A. Determination: If the building inspector determines that a substandard condition
3468 exists, the building inspector may take the actions specified in this section.
3469 B. Notice And Order: The building inspector may issue a notice and order containing
3470 the following:
3471 1. A notice listing the building's or unit's violations and the reason(s) that the
3472 building inspector determines that such conditions constitute a substandard condition;
3473 2. An order requiring the notified party to:
3474 a. Take out all necessary permits and repair the substandard condition
3475 within the times specified, or
3476 b. Close the building or required portions thereof to occupancy within
3477 thirty (30) days;
3478 3. An explanation of the appeal rights and processes specified in subsection
3479 E of this section.
3480 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this
3481 subsection shall be posted on the building entrance doors and in the common areas of the
3482 building. Notices and orders issued to vacate the premises shall be posted on all building
3483 entrance doors, common areas and on individual dwelling units. The notice and order shall also
3484 be mailed to the owner or the owner's designated agent by both certified mail, return receipt
3485 requested, and ordinary first class mail, postage prepaid, or may be delivered by hand.
3486 D. Notified Party Actions: The notified party shall take out all required permits and
3487 cause the building or dwelling unit to be either repaired or secured from entry as required by
3488 other portions of this code within the times specified in the notice and order. If the building
3489 official determines that work is progressing appropriately and an extension is necessary, the
3490 building official may extend the times for completion of any work.
3491 E. Appeal And Administrative Hearing:
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LEGISLATIVE DRAFT
3492 1. If the notified party disagrees with the notice and order, the notified party
3493 may appeal in writing within thirty (30) days of the issuance of the notice and order. The
3494 appeal shall be heard before an HAAB panel within forty five (45) days of receipt of the
3495 appeal.
3496 2. Appeals of notice and order for substandard conditions shall be first
3497 considered by an administrative hearing officer pursuant to section 18.50.120 of this
3498 chapter.
3499 3. The HAAB panel shall issue a written decision within fourteen (14) days
3500 of the hearing.
3501 4. If the notified party is dissatisfied with the HAAB panel decision, the
3502 notified party may appeal by filing a written notice with the mayor within fourteen (14)
3503 days of the HAAB decision.
3504 5. The mayor or the mayor's designee shall consider the appeal on the record
3505 made before HAAB and the written appeal. The mayor or the mayor's designee may
3506 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3507 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3508 on the written materials or materials presented at a publicly conducted hearing.
3509 6. The appeal shall be considered, and the mayor or the mayor's designee
3510 shall issue a final decision within thirty (30) days of the receipt of the appeal.
3511 7. Appeals under this subsection shall stay the enforcement of those items
3512 appealed on the notice and order.
3513 F. City Remedies: If the notified party fails to repair or secure the property as
3514 required, the city may take all appropriate remedies authorized by law including, the
3515 imposition of civil fines, closing all or a portion of the building or securing any necessary
3516 authorization to enter the property to make repairs.
3517
3518 18.50.090: MINOR DEFICIENCY NOTIFICATIONSITUATIONS:
3519 A. Determination: If the building inspector determines that a minor deficiency exists,
3520 the building inspector may take the actions specified in this section.
3521 B. Citations: Citations may be issued for minor deficiencies. However, such citations
3522 shall be for the owner's information only and shall have no further legal force or effect. When a
3523 notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
3524 under "for owner's information only". If a property inspection reveals only minor deficiencies,
3525 the building inspector may mail a letter to the owner informing the owner of such minor
3526 deficiencies.
3527 C. Delivery Of Notice And Order: The notice and order shall be mailed to the owner
3528 or the owner's designated agent by both certified mail, return receipt requested, and ordinary first
3529 class mail, postage prepaid, or shall be delivered by hand. If delivery of the notice and order by
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LEGISLATIVE DRAFT
3530 mail or hand delivery is not made, the notice and order shall be posted on the building entrance
3531 doors and on the entrance doors of all dwelling units affected by the notice and order.
3532 D. Notified Party Actions: The notified party shall take out all required permits and
3533 cause the building or dwelling unit to be either repaired or secured from entry as required by
3534 other portions of this code within the times specified in the notice and order. If the building
3535 official determines that work is progressing appropriately and an extension is necessary, the
3536 building official may extend the times for completion of any work.
3537 E. Appeal And Administrative Consideration: The appeal and administrative hearing
3538 officer processes shall be as specified in subsections 18.50.080E and F of this chapter.
3539 F. City Remedies: If the notified party fails to make the repairs required, or fails to
3540 reach an agreement acceptable to the city for remediation, the city may record a notice of
3541 deficiency with the Salt Lake County recorder's office specifying the deficiencies.
3542
3543 18.50.100: ENFORCEMENT:
3544 A. Determination: If the building inspector determines that a violation of this chapter
3545 exists, the building inspector may take the actions specified in this section.In addition to any
3546 other remedies authorized by law or in this chapter, if the notified party fails to repair or secure
3547 the property in question, the city may pursue any one or more of the following additional
3548 remedies:
3549 1. Notice Of Deficiency: The supervisor of housing enforcement may record
3550 with the Salt Lake County recorder's office a notice of any condition provided in sections
3551 18.50.060 through 18.50.090 of this chapter. The notice shall be mailed to all notified
3552 parties.
3553 2. Criminal Action: Violations of the provisions of sections 18.50.060
3554 through 18.50.080 of this chapter may be punishable as a class B misdemeanor upon
3555 conviction.
3556 3. Civil Action: Violations of sections 18.50.060 through 18.50.080 of this
3557 chapter may also be enforced by injunction, mandamus, abatement, civil fines or any
3558 other appropriate action in law or equity.
3559 B. Civil fines may be imposed according to the following procedures:Warning
3560 Notice
3561 1. Notice:
3562 a. If the housing building inspector finds that any provision of this chapter is being
3563 violated, the housing inspector shall provide a written notice to the responsible partyproperty
3564 owner and to any other person determined to be responsible for such violation. The written
3565 notice shall indicate the nature of the violation and order the action necessary to correct it.
3566 Additional written notices may be provided at the housing inspector's discretion.
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3567 b. The written notice shall state what action the housing inspector intends to take if
3568 the violation is not corrected. The written notice shall include information regarding the
3569 established warning period for the indicated violations and shall serve to start any warning
3570 periods provided in this chapterthe time period in which the violations must be corrected, which
3571 will be based on their severity.
3572 2. Delivery of Notice:
3573 c. Such written notice issued by the housing inspector shall be deemed sufficient and
3574 complete when served upon the responsible party as followsperson cited:
3575 a.(1) Personally by the inspector or his or her representative; or by
3576 mailing, postage prepaid, by certified mail, return receipt requested or any
3577 reputable mail tracking service that is capable of confirming delivery, addressed
3578 to the responsible partyperson cited at the last known address appearing on the
3579 records of the county recorder; and
3580 b.(2) By posting notice on the property where said violation(s) occurs.
3581 3.d. In cases when delay in enforcement would seriously threaten the effective
3582 enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
3583 housing inspector need not issue a warning noticemay seek enforcement without prior
3584 written notice by invoking any of the fines or remedies authorized in this chapter.
3585 e. If the violation remains uncured within five (5) days after the
3586 expiration of the warning period, a second notice of violation shall be delivered
3587 by mail, postage prepaid, addressed to the person cited at the last known address
3588 appearing on the records of the county recorder. The second notice shall identify
3589 the date on which the civil fines shall begin to accrue.
3590 C. Notice and Order: If, after issuance of the warning notice (if required), the
3591 violations have not been corrected by the time period stated in the notice, the building inspector
3592 may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
3593 provide any additional correction period and may impose fines beginning on the date it is issued.
3594 D.2. RemediesAmount Of Fine: Upon issuance of a notice and order, the building
3595 inspector may pursue any remedies allowed by Sections 18.24.030 and 18.24.050, except that
3596 cCivil fines shall accrue as set forth in the Salt Lake City consolidated fee schedule specific to
3597 the violations of this chapter.follows:
3598 a. Substandard condition violations: Twenty five dollars ($25.00) per
3599 day. If more than ten (10) substandard condition violations exist, the daily fines
3600 shall double.
3601 b. Hazardous condition violations: Fifty dollars ($50.00) each per
3602 day.
3603 c. Imminent danger violations: Seventy five dollars ($75.00) each per
3604 day.
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LEGISLATIVE DRAFT
3605 d. Failure to obey an interpretation, decision or requirement of the
3606 housing advisory and appeals board: Twenty five dollars ($25.00) per day.
3607 E.3. Daily Violations: Each day a violation continues after the issuance of the notice
3608 and order (or cure deadline stated therein, if applicable)citation deadline shall give rise to a
3609 separate civil fine.
3610 F.4. Compliance: Accumulation of fines for violations, but not the obligation for
3611 payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
3612 through an inspection requested pursuant to Subsection 18.24.040.A.3.
3613 G.5. Recurring Violations: In the case where a violation, which had been corrected,
3614 reoccurs at the property within six (6) months of the initial correction and is due to the actions or
3615 inactions of the same responsible party as the prior violation, the city maywill begin enforcement
3616 of said recurring violation and impose fines will begin accruing after a ten (10) day warning
3617 period.
3618 6. Appearance Before A Hearing Officer:
3619 a. Right To Appear: Any person cited may appear before a hearing
3620 officer to appeal the amount of the fine imposed. However, no party may appear
3621 before a hearing officer until violations identified have been corrected and a
3622 notice of compliance has been issued. Appeals to the hearing officer contesting
3623 the amount of the fine imposed must be filed within thirty (30) days from the date
3624 of the notice of compliance.
3625 b. Defense: The burden to prove any defense shall be upon the person
3626 raising such defense.
3627 c. Responsibility: Commencement of any action to remove or reduce
3628 fines shall not relieve the responsibility of any person cited to cure the violation or
3629 to make payment of subsequently accrued civil fines nor shall it require the city to
3630 reissue any of the notices required by this chapter.
3631 7. Appeal Of Administrative Decision: The decision of the housing inspector
3632 regarding the existence of the housing violation shall be deemed an administrative
3633 decision which may be appealed to the housing advisory and appeals board within thirty
3634 (30) days of the date of the first notice.
3635 8. Hearing Officer Duties:
3636 a. The mayor, or his/her designee, shall appoint such hearing officer
3637 as the mayor, or his/her designee, deems appropriate to consider matters relating
3638 to the violation of this chapter. The hearing officer shall have the authority to hear
3639 evidence relating to mitigating circumstances and to make such equitable
3640 adjustments as he/she deems appropriate, as set forth below:
3641 (1) The hearing officer may adjust, reduce or eliminate fines or
3642 create payment plans relating to fines accrued by the person cited. In the
3643 administration of this duty, the hearing officer may reduce or eliminate
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LEGISLATIVE DRAFT
3644 fines based upon any circumstance or other equitable consideration the
3645 hearing officer finds to be applicable. In cases where the administrative
3646 process has not been followed by the division, the hearing officer has the
3647 authority to reduce or eliminate fines.
3648 (2) Payment plans may be created by the hearing officer.
3649 Although the hearing officer has the ultimate authority in establishing the
3650 payment schedule, the minimum payment schedule provided by the
3651 department of community and neighborhoods should be followed.
3652 9. Dismissal Criteria:
3653 a. If the hearing officer finds that no violation occurred and/or a
3654 violation occurred but one or more of the defenses set forth in this section is
3655 applicable, the hearing officer may dismiss the notice of violation. Such defenses
3656 include:
3657 (1) At the time of the receipt of the notice of violation,
3658 compliance would have violated the criminal laws of the state of Utah;
3659 (2) Compliance with the subject ordinances would have
3660 presented an imminent and irreparable injury to persons or property.
3661 10. Acceptance Of Hearing Officer Decision: If the hearing officer finds that a
3662 violation of this chapter occurred and no applicable defense exists, the hearing officer
3663 may, in the interest of justice and on behalf of the city, enter into an agreement for the
3664 timely or periodic payment of the applicable fine. The person cited has fourteen (14) days
3665 in which to accept the decision of the hearing officer. If the person cited does not accept
3666 the decision of the hearing officer, an agreement to modify the fine, or set up a payment
3667 schedule, the decision of the hearing officer is void and the city will attempt to collect the
3668 original amount of the fine.
3669 11. Abatement For Correction And Payment:
3670 a. Civil fines may be partially abated after the violation is cured and
3671 at the discretion of the hearing officer if any of the following conditions exist:
3672 (1) Strict compliance with the notice and order would have
3673 caused an imminent and irreparable injury to persons or property.
3674 (2) The violation and inability to cure were both caused by a
3675 force majeure event such as war, act of nature, strike or civil disturbance.
3676 (3) A change in the actual ownership of the property was
3677 recorded with the Salt Lake County recorder's office after the first or
3678 second notice was issued and the new owner is not related by blood,
3679 marriage or common ownership to the prior owner.
3680 (4) Such other mitigating circumstances as may be approved
3681 by the city attorney or designee.
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LEGISLATIVE DRAFT
3682 b. If the hearing officer finds that the noticed violation occurred and
3683 no applicable defense applies, the hearing officer may, in the interest of justice
3684 and on behalf of the city, enter into an agreement for the delayed or periodic
3685 payment of the applicable fine.
3686 c. Once a payment schedule has been developed by the hearing
3687 officer, and agreed to by the person cited, failure to submit any two (2) payments
3688 as scheduled will require payment of the entire amount of the original fine
3689 immediately.
3690
3691 18.50.110: APPEALSLATE PROCESS DETAILS:
3692 A. Filing Oof Appeals: Appeals of enforcement of this chapter shall be taken in
3693 accordance with Chapter 18.12.submitted on an appeal form provided by the building official.
3694 The appellant shall state the specific order or action protested and a statement of the relief
3695 sought, along with the reasons why the order or action should be reversed, modified or otherwise
3696 set aside.
3697 B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
3698 provisions of this section shall constitute a waiver of the person's right to an appeal.
3699 B.C. Inspection Oof Tthe Premises: Before any hearing is held by the board of appeals
3700 and examiners the board maya HAAB panel, the panel shall inspect the building or premises
3701 involved. Prior notice of such inspection shall be given to the responsiblenotified party filing the
3702 appeal, who may be present at such inspection. Upon completion of the inspection, the
3703 chairperson of the panel shall state for the record the material facts observed at the inspection,
3704 which facts shall be read at the initiation of the hearing. Failure of the responsiblenotified party
3705 to provide access without good cause as determined by the building official shall not constitute a
3706 reason for the hearing to be postponed and the appeal denied.
3707 D. Written Notice: Written notice of the time and place of panel hearings shall be
3708 mailed to the appellant in accordance with procedures adopted by HAAB.
3709 E. Appeals Hearing: Any notified party may appear personally or authorize a
3710 designee to act in their behalf. The city and any notified party may call and examine witnesses on
3711 any relevant matter, introduce documentary and physical evidence, and cross examine opposing
3712 witnesses. Any relevant evidence shall be admitted.
3713 F. Record: A record of the entire proceeding of all appellate hearings under this
3714 section shall be made by tape recording, or by any other means of permanent recording
3715 determined to be appropriate by HAAB. The record shall be retained on file in accordance with
3716 the city's record retention schedule.
3717
3718 18.50.120: RESERVEDADMINISTRATIVE HEARING OFFICER PROCEDURES:
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LEGISLATIVE DRAFT
3719 A. The administrative hearing officer shall hear cases deemed to be of substandard
3720 condition or minor deficiency situations. Review by the administrative hearing officer is not a
3721 provision of hazardous condition appeals, which go directly before a HAAB panel.
3722 B. Each appeal shall first be reviewed by the administrative hearing officer no later
3723 than thirty (30) days from the date of filing of a written appeal.
3724 C. The administrative hearing officer shall inspect the property and review the notice
3725 and order to determine if it is accurate and attempt to develop, in consultation with the appellant,
3726 possible methods of complying with the code consistent with the purposes of this chapter. The
3727 administrative hearing officer may prepare a stipulated agreement for signature by the appellant
3728 and the city.
3729 D. The administrative hearing officer shall maintain complete and permanent records
3730 of all inspections and decisions. Resolutions of disputed issues, agreeable to the administrative
3731 hearing officer and the property owner, shall be presented at the next meeting of HAAB for its
3732 consent or modification.
3733
3734 18.50.130: APPROVAL FOR OCCUPANCY:
3735 Following the correction of the deficiencies and prior to persons reoccupying any residential
3736 building or dwelling unit after it has been closed to occupancy, the building
3737 officialhousing/zoning officer shall issue an approval for occupancy. If a notice of deficiency has
3738 been filed with the Salt Lake County recorder's office pursuant to section 18.50.100 of this
3739 chapter, a release of the notice shall be recorded with that office.
3740
3741 18.50.140: EXTERIOR STANDARDS:
3742 A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
3743 structural components shall be repaired when they no longer retain their structural integrity.
3744 Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
3745 B. Exterior Surfaces: Exposed materials that require weather protection and exterior
3746 surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
3747 wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
3748 C. Drainage: All surface water shall drain away from the structure andunless any
3749 potential adverse effect of the runoff shall beis mitigated to the reasonable satisfaction of the
3750 building official.
3751 D. Windows Aand Doors: Windows that are required by this chapter for light and
3752 ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
3753 egress standards may be sealed with opaque materials or removed. Broken or missing doors,
3754 door frames, windows, and window sashes shall be replaced or repaired.
3755 E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
3756 shall be maintained in good repair and be properly anchored.
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LEGISLATIVE DRAFT
3757 F. House Addressing: All residential buildings shall display a street number in a
3758 prominent location on the street side of the building in such a position that the number is easily
3759 visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
3760 adopted in Section 18.04.040no less than three inches (3") in height and shall be of a contrasting
3761 color to the background to which they are attached. Each individual unit within any multiple-
3762 family structure shall display a prominent identification number, not less than two inches (2") in
3763 height, which is easily visible.
3764 G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
3765 and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
3766 conditions.
3767
3768 18.50.150: INTERIOR STANDARDS:
3769 A. Showers/Tubs: Showers shall be finished to a height of seventy70 inches (70")
3770 above the fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers
3771 may utilize a shower curtain that totally encloses all sides of the tub.
3772 B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
3773 substantially intact manner. This standard does not apply to area or throw rugs within dwelling
3774 units.
3775 C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
3776 secure and intact. Surfaces shall be painted or covered with wallpaper or panelling.
3777 D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
3778 and SROs, floors and walls within fifteen15 inches (15") of sinks, bidets, showers, toilets, and
3779 tubs shall be finished with a nonporous material that is not adversely affected by moisture.
3780 E. Operable Fixtures Aand Equipment: All fixtures, appliances, and equipment
3781 required by this code shall be maintained in safe and operable condition.
3782
3783 18.50.160: DOORS, TRIM AND HARDWARE:
3784 A. All doors, trim and hardware shall be kept in good working condition.
3785 B. Exterior doors which are required for ingress and egress shall have locks which
3786 are keyed from the exterior and are operable from the interior without the use of a key or other
3787 special equipment or knowledge. Original locks in historic buildings are not required to be
3788 replaced if in good working condition.
3789 C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
3790 a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
3791 pins.
3792
3793 18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
104
LEGISLATIVE DRAFT
3794 A. All premises shall be maintained clean, safe, sanitary and free from an
3795 accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
3796 exterior property which such occupant occupies, controls or uses in a clean and sanitary
3797 condition. Every owner of a structure containing a boarding and rooming house, fraternity and
3798 sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
3799 sanitary condition, the shared or public areas of the structure and exterior property.
3800 B. Garbage and refuse storage and removal shall meet the requirements of the Salt
3801 Lake CountyValley health department regulations.
3802 C. There shall be no insect or rodent infestation in violation of the Salt Lake
3803 CountyValley health department regulations.
3804 D. Asbestos, regardless of the date of installation, shall meet the requirements of the
3805 Salt Lake CountyValley health department regulations.
3806 E. A room in which a toilet is located shall be separated from food preparation or
3807 storage rooms by a tightfitting door.
3808
3809 18.50.180: SPACE AND OCCUPANCY STANDARDS:
3810 A. Ceiling Heights:
3811 1. Habitable Rooms: The minimum ceiling height for all habitable rooms
3812 shall be as set forth in the construction codes adopted in Section 18.04.040seven feet six
3813 inches (7'6"), except for kitchens, which may be seven feet zero inches (7'0"). This height
3814 may be six6 feet four4 inches (6'4") when the requirements of this chapter for emergency
3815 egress, light and ventilation are met and a one hundred twenty (120) volt electrical
3816 powered smoke detector and carbon monoxide detector areis installed pursuant to the
3817 construction codes adopted in Section 18.04.040in the room. The only exception is that a
3818 smoke detector is not required in a kitchen. ProjectionsObstructions shall be allowed to
3819 six5 feet 10zero inches (6'0") when the projectionobstruction is not in the pattern of
3820 circulation and projectionsobstructions are not greater than twenty percent (20%) of the
3821 floor area of the room.
3822 2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
3823 bathrooms, shall have no minimum ceiling height requirement.
3824 3. Bathrooms Aand Toilet Rooms: Bathrooms and toilet rooms shall have a
3825 minimum ceiling height of six6 feet 0zero inches (6'0") with no projections below the six
3826 foot (6') minimum. Obstructions shall be allowed to 5 feet 10 inches. The bathroom
3827 ceiling height at the back of a sink, toilet or tub without shower may be sloped to a
3828 minimum height of 5five feet 0zero inches (5'0") at the wall when the ceiling height is no
3829 less than 6six feet 0zero inches (6'0") at a point 2two feet 0zero inches (2'0") from the
3830 wall adjacent to the bathroom plumbing fixture.
3831 4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
3832 (1/2) the floor area shall have a minimum ceiling height as required by this section. No
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LEGISLATIVE DRAFT
3833 portion of the room with a ceiling height below 5five feet 0zero inches (5'0") may be
3834 used in the floor area computation.
3835 5. Corridors: A minimum ceiling height of six6 feet 4 inches (6'4") shall be
3836 required in corridors so long as there are a smoke detector and carbon monoxide detector
3837 installed pursuant to the construction codes adopted in Section 18.04.040. Obstructions
3838 shall be allowed to 5 feet 10 inches when the obstruction is not in the pattern of
3839 circulation and obstructions are not greater than 20% of the floor area of the corridor.
3840 B. Room Aand Corridor Size:
3841 1. Floor Area Aand Room Dimensions: Floor area and room dimensions
3842 shall be as set forth in the construction codes adopted in Section 18.04.040.Dwelling
3843 units shall have at least one habitable room with not less than one hundred twenty (120)
3844 square feet of floor area. Habitable rooms other than a kitchen shall have an area not less
3845 than seventy (70) square feet and shall not be less than seven feet (7') in length or width.
3846 2. Sleeping Room Dimensions: Every room used for sleeping shall have at
3847 least seventy (70) square feet of floor area equal to the amounts required by the
3848 construction codes adopted pursuant to Section 18.04.040. Where more than two (2)
3849 persons occupy a room used for sleeping, the required floor area shall be increased at the
3850 rate of fifty (50) square feet for each occupant in excess of two (2).
3851 3. Corridors: The minimum width of corridors shall be 36thirty six inches
3852 (36"). In dwelling units constructed prior to 1983, a minimum corridor width of 28thirty
3853 inches (30") shall be permitted.
3854 C. Special Dwellings:
3855 1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
3856 a. Have a living room of at least one hundred ninety (190) square feet
3857 of floor area equal to the amounts required by the construction codes adopted
3858 pursuant to Section 18.04.040. An additional one hundred (100) square feet of
3859 floor area shall be provided for each occupant in excess of two (2);
3860 b. Have a closet;
3861 c. Have a kitchen sink and cooking and refrigeration facilities, each
3862 having a clear working space of at least thirty30 inches (30") in front of the
3863 fixture or appliance;
3864 d. Have a bathroom containing a toilet, sink and bathtub or shower.
3865 2. Congregate Housing: Except for Shared Housing as defined in Title 21A,
3866 Iindividual units in congregate housing shall have at least one room with not less than
3867 seventy (70) square feet of floor area per occupant. When individual rooms are less than
3868 one hundred twenty (120) square feet, a separate common room shall be provided of at
3869 least one hundred twenty (120) square feet for each ten (10) units, with a minimum of
3870 one common room per floor. When separate rooms are not provided with cooking
106
LEGISLATIVE DRAFT
3871 facilities, the common room may be a common kitchen with a floor area as defined by the
3872 floor area computation.
3873 D. Cooking Facilities:
3874 1. Cooking Facilities Iin Dwelling Units: Each dwelling unit shall have a
3875 kitchen that supplies:
3876 a. A range with stove top and oven, or in the alternative, a
3877 nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
3878 considered as cooking facilities. All cooking appliances shall be maintained in
3879 good working condition.
3880 b. An approved sink, with a minimum dimension of twelve12 inches
3881 by twelve12 inches by four4 inches (12" x 12" x 4") deep.
3882 c. A minimum of four (4) square feet of counter space.
3883 d. A refrigerator.
3884 2. Cooking Facilities Ffor Individual Units Iin Congregate Housing: As long
3885 as such cooking facilities do not encroach into the required floor area, required cooking
3886 facilities may be supplied in individual units, provided all of the following items are
3887 supplied:
3888 a. A range with stove top and oven, or in the alternative, a
3889 nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
3890 considered as cooking facilities and are not allowed. Portable cooking devices are
3891 not allowed in individual rooms;
3892 b. An approved sink, with a minimum dimension of twelve12 inches
3893 by twelve12 inches by four4 inches (12" x 12" x 4") deep;
3894 c. A minimum of four (4) square feet of counter space;
3895 d. A refrigerator.
3896 3. Common Kitchens Iin Congregate Housing: When cooking facilities are
3897 not provided within individual units, congregate housing shall have a common kitchen
3898 area which shall contain the following minimum facilities: a sink for each twenty (20)
3899 tenants or portion thereof, a range for each twenty (20) tenants or portion thereof, and a
3900 refrigerator for each ten (10) tenants or portion thereof. The minimum kitchen area shall
3901 be one hundred twenty (120) square feet based on the floor area computation for the first
3902 ten (10) occupants or portion thereof, and an additional thirty (30) square feet for each
3903 additional ten (10) persons or portion thereof.
3904 E. Window Size Alterations: When window size modifications are necessary to meet
3905 light, ventilation or emergency egress, the window shall meet the most currently adopted
3906 uniform building code standard.
3907
107
LEGISLATIVE DRAFT
3908 18.50.190: LIGHT AND VENTILATION:
3909 A. Natural Light Iin Habitable Rooms:
3910 1. Every habitable room shall have at least one window facing directly to the
3911 outdoors to provide natural light. The minimum total window area shall equal one-
3912 twentieth (1/20th) or more of the floor area of the room, with a minimum of three and
3913 one-half (3 and 1/2) square feet. Special purpose rooms such as home theaters and film
3914 processing rooms shall not be subject to this requirement. Kitchens may be provided with
3915 artificial light, which shall be a minimum of 1.5 watts incandescent or 0.8 watts
3916 fluorescent per square foot of the room.
3917 2. The glazed area of an exterior door may be used for purposes of
3918 computing window size for natural light.
3919 3. For the purpose of meeting light or ventilation requirements, as well as
3920 emergency egress, a room may be considered as a portion of an adjoining room when
3921 one-half (1/2) of the area of the common wall is open and unobstructed and provides an
3922 opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty
3923 five (25) square feet, whichever is greater.
3924 B. Ventilation:
3925 1. Habitable Rooms:
3926 a. Except as provided in subsection B1b of this section, all habitable
3927 rooms shall be provided with natural ventilation by means of openings to the
3928 exterior which have the capability of being closed to the weather. Total openings
3929 shall have an area at least one-twentieth (1/20) of the floor area of the room or
3930 three and one-half (3 and 1/2) square feet, whichever is greater.
3931 b. A mechanical ventilation system shall be allowed in lieu of
3932 openings for natural ventilation. Such system shall create a positive pressure in
3933 the room and the air intake shall be connected directly to the outside and be
3934 capable of two (2) air exchanges per hour. In kitchens, the ventilation system may
3935 create negative pressure. The air intake/exhaust source shall be located at least
3936 three3 feet (3') above any opening which is within ten10 feet (10') of the air
3937 intake/exhaust.
3938 c. Exterior doors may be used to meet natural ventilation
3939 requirements.
3940 2. Bathrooms, Laundry Rooms, Aand Oother Nonhabitable Areas:
3941 a. Except as provided in subsection B2b of this section, all bathrooms
3942 and laundry rooms shall be provided with natural ventilation by means of
3943 openings to the exterior which have the capability of being closed to the weather.
3944 Such openings shall have a total area not less than one-twentieth (1/20) of the
3945 floor area of the room, with a minimum of one and one-half (1 and 1/2) square
3946 feet.
108
LEGISLATIVE DRAFT
3947 b. A mechanical exhaust system connected directly to the outside
3948 shall be allowed in lieu of natural ventilation. The system shall be capable of
3949 providing five (5) air exchanges per hour. The exhaust air shall discharge at least
3950 three3 feet (3') above or ten10 feet (10') away from any air intake source. Toilet
3951 rooms may be ventilated with an approved recirculation fan or similar device
3952 designed to remove odors from the air.
3953 c. Mechanical or convection venting of bathrooms into the attic shall
3954 be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
3955 with tubs or showers shall have a convection or mechanical exhaust system.
3956 d. Bathrooms constructed prior to 1970, which are vented with
3957 convection vent openings extending to the outside shall meet the ventilation
3958 requirement as long as the walls, ceiling and floor are not adversely affected by
3959 moisture.
3960
3961 18.50.200: FIRE SAFETY; EGRESS:
3962 A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
3963 any building, premises, equipment or apparatus.
3964 B. Exit Aand Emergency Egress:
3965 1. Every existing dwelling unit shall have a safe, continuous and
3966 unobstructed means of egress of a minimum ceiling height of six6 feet four4 inches (6'4")
3967 and a minimum egress width of 28 inches as per this code. Obstructions shall be allowed
3968 to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
3969 obstructions are not greater than 20% of the floor area of the exitway. The exitway shall
3970 be kept in a proper state of repair and maintained free of hazardous conditions and
3971 obstructions.
3972 2. Every sleeping room located below the fourth story shall have at least one
3973 openable window or exterior door approved for emergency egress or rescue. Every egress
3974 window shall comply with the construction codes adopted in Section 18.04.040, unless
3975 the size of the opening under such codes is not feasible then tThe opening shall have a
3976 minimum of three and one-half (3 and 1/2) square feet of openable space and clear
3977 opening dimensions of at least twenty20 inches (20") in one dimension and twenty four
3978 24 inches (24") in the other dimension. The escape window must open directly into a
3979 yard or exit court, or into a public street or alley. When windows are provided as a means
3980 of emergency egress or rescue, they shall have a finished sill height of not more than
3981 forty eight48 inches (48"). If the distance from the floor to the windowsill is more than
3982 forty eight48 inches (48"), a permanent ladder or platform attached to the wall or floor
3983 may be installed to meet the maximum height requirement. The ladder or platform must
3984 be approved by the city.
3985 a. Exception 1. Where two (2) approved emergency exit doors
3986 leading from the sleeping room to separate exitways exist and minimum light and
3987 ventilation requirements are met, this subsection does not apply. Emergency exit
109
LEGISLATIVE DRAFT
3988 doors shall open directly to a yard or court, or may exit through no more than one
3989 adjoining room which has a door that leads directly to a yard or court.
3990 b. Exception 2. Where minimum light and ventilation and emergency
3991 egress requirements are met, there is no minimum sill height requirement in
3992 sleeping rooms of dwelling units constructed before 1968, which has not been
3993 altered from the original construction.
3994 c. Exception 3. Sleeping rooms that fail to meet the sill height,
3995 window size or net openable area for the emergency egress provisions of this code
3996 may have their emergency egress deficiencies remedied, provided the rooms meet
3997 the required natural light and ventilation requirements of the housing code, by the
3998 installation of a smoke detector in each of the deficient sleeping rooms and in the
3999 hall or space immediately adjacent to and leading into the sleeping room or area.
4000 The smoke detectors shall be wired directly to the house electrical system and be
4001 provided with a battery backup.
4002 3. For windows that are below grade, a window well shall run parallel to the
4003 width of the window and extend at least eighteen18 inches (18") out from the exterior
4004 face of the building. When the distance from the top of the window well to its bottom
4005 exceeds forty eight48 inches (48"), it shall be equipped with an approved permanently
4006 affixed ladder or stairs that are accessible with the window in the fully open position.
4007 Grates are permitted over window wells when hinged away from the structure and not
4008 weighing over fifteen (15) pounds per section of the grate.
4009 4. Bars, grills, grates or similar devices may be installed on emergency
4010 escapes or rescue windows or doors, provided such devices are equipped with approved
4011 release mechanisms which are operable from the inside of the grate without the use of a
4012 key or special knowledge or effort.
4013 C. Stairs Aand Handrails: Stairs and rails shall meet the requirements of the means
4014 of egress section of the applicable adopted state construction codeUBC or its successor with the
4015 following modifications:
4016 1. If there are four (4) or more risers, a handrail shall be required. Two (2)
4017 handrails shall be required when the width of the stairs is forty eight48 inches (48") or
4018 more. Stairways less than forty eight48 inches (48") in width or stairways serving one
4019 individual dwelling unit in group R, division 1 or 3 occupancy, or a group R, division 3
4020 congregate residence may have one handrail. Handrails are not required for monumental
4021 stairs.
4022 2. Handrails shall be placed not less than thirty30 inches (30") nor more than
4023 thirty eight38 inches (38") above the outermost edge of the tread. Handrails for existing
4024 stairs are not required to extend beyond the top or bottom stair tread.
4025 3. Stairs shall have a maximum riser height of eight9 inches (8") and a
4026 minimum step run of 8nine inches (9"). Existing stair flights may have a maximum
4027 variation in rise and run of two2 inches (2") at the top and bottom of the flight. A
4028 maximum of one1 inch (1") variation of rise and run shall be allowed for all intermediate
110
LEGISLATIVE DRAFT
4029 risers and treads. Stairs shall be level and shall comply with life safety standards as
4030 defined herein.
4031 4. Windinger, circular and spiral stairs may run to narrow to a point. The run
4032 shall measure 8 inches (12 inches from the narrow point)shall comply with the UBC.
4033 5. There shall be no minimum rise or run requirement nor maximum
4034 variation in the rise and run for stairs leading only to mechanical, storage, utility, and
4035 nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
4036 units provided the stairs are structurally sound.
4037 6. Steps shall be maintained in a safe manner. Missing steps, steps which are
4038 deteriorated to the point that a foothold is difficult to maintain, staircases which have
4039 missing boards, and/or staircases which contain boards that have lost their structural
4040 integrity shall be repaired to a safe condition.
4041 7. Interior and exterior stairs shall have a minimum headroom height of six6
4042 feet four4 inches (6'4") so long as there are electrical powered smoke detectors installed
4043 pursuant to the construction codes adopted in Section 18.04.040, except for stairs to
4044 mechanical or storage rooms, utility and nonhabitable rooms in any residential structure
4045 and laundry rooms in individual dwelling units, which have no minimum headroom
4046 height. Within stairways obstructions shall be allowed to 5 feet 10 inches when the
4047 obstruction is not in the pattern of circulation and obstructions are not greater than 20%
4048 of the floor area of the stairway.
4049 8. Stairs in the interior or exterior of an existing building where stair jacks
4050 are replaced or more than fifty percent (50%) of the tread or risers are replaced shall meet
4051 the requirements of the applicable adopted state construction codeUBC, except that the
4052 minimum stair width shall be thirty inches (30") and the minimum headroom height shall
4053 be fivesix feet four inches (6'4").
4054 9. If because of the configuration of the horizontal and vertical distances an
4055 alternate stair configuration is more practical than the UBC requirement, or if HAAB
4056 finds that the stair rhythm is safe, HAAB may allow other configurations which are less
4057 uniform but achieve comparable safety, regardless of subsections C3 and C4 of this
4058 section.
4059 9.10. A stair tread, stair support, stair riser, landing or railing which is either
4060 missing or so severely in disrepair or damaged that it cannot support its intended live and
4061 dead loads shall be repaired.
4062 10.11. Interior stair landings shall have a minimum width of 28thirty inches (30")
4063 and a minimum length in the direction of travel of thirty30 inches (30").
4064 D. Guardrails:
4065 1. Guardrails shall be required for all balconies, porches, patios and open
4066 stairs more than thirty30 inches (30") above or below grade. Guardrails shall also be
4067 required for any grade change more than thirty30 inches (30") next to a walking surface.
4068 Guardrails shall not be less than forty two42 inches (42") in height, except for guardrails
111
LEGISLATIVE DRAFT
4069 serving private dwelling units, which shall have a minimum height of thirty six36 inches
4070 (36"). Guardrails may have a minimum height of thirty six36 inches (36") if the building
4071 was built before 1970. Guardrails having a height less than thirty six36 inches (36") shall
4072 be allowed if they were installed as part of the building's original construction and are not
4073 a replacement. For structures which are on the historic register or are contributory
4074 structures located within one of the city's historic districts, height of existing and
4075 replacement guardrails may be determined based upon standards adopted by the city's
4076 historic landmark committee.
4077 2. Guardrails shall have intermediate rails or an ornamental pattern such that
4078 there is no open area in excess of four4 inches (4") in diameter. The diameter of such
4079 open space may be nine9 inches (9") for buildings built before 1985, and six6 inches (6")
4080 for those built between 1985 and 1991.
4081 E. Smoke Detector Requirements:
4082 1. When smoke detectors are required in dwelling units by the applicable
4083 adopted state construction codeUBC, the detectors shall be mounted on the ceiling or
4084 wall at a point centrally located in the hallway or area giving access to rooms used for
4085 sleeping. In efficiency dwelling units, the detector shall be centrally located on the ceiling
4086 or wall of the main room or sleeping room.
4087 2. Where sleeping rooms are on an upper level, the detector shall be placed at
4088 the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
4089 mounted detectors shall be a minimum of four4 inches (4") and maximum of twelve12
4090 inches (12") from the ceiling, but no detector shall be mounted within twelve12 inches
4091 (12") of any corner formed by the meeting of walls, ceilings or beams unless
4092 manufacturer's listing specifies otherwise. When activated, the detector shall provide an
4093 alarm in the dwelling unit.
4094 3. When one or more sleeping rooms are added to or created within a
4095 structure, smoke detectors shall be installed in compliance with the manufacturer's listing
4096 and shall receive their primary power from the building wiring in compliance with the
4097 applicable adopted state construction codeUBC.
4098 4. All habitable rooms having a ceiling height of less than seven7 feet six6
4099 inches (7'6") shall have installed a one hundred twenty (120) volt electrical powered
4100 smoke detector.
4101 F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
4102 other and from hazardous uses shall be maintained in their original condition with all
4103 penetrations sealed or covered with an approved material. These separations include walls and
4104 ceilings separating a garage from a dwelling unit or common area and walls and ceilings
4105 separating furnace rooms in structures containing three (3) or more dwelling units. When fifty
4106 percent (50%) or more of a wall or ceiling is removed for any reason, the entire wall or ceiling
4107 shall be reconstructed to meet the requirements of the applicable adopted state construction
4108 codeUBC for one hour occupancy separation.
4109
112
LEGISLATIVE DRAFT
4110 18.50.210: PLUMBING:
4111 A. Minimum Requirements:
4112 1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
4113 shall be in accordance with the code in effect at the time of installation.
4114 2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
4115 in good condition. All waste lines shall be connected to an approved sewer system.
4116 3. The minimum plumbing fixtures required for dwelling units are a
4117 bathroom sink, toilet, tub or shower, and kitchen sink.
4118 4. Cold running water shall be plumbed to each toilet. Hot water shall be
4119 supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
4120 culinary purposesand cold running water plumbed to each bathroom sink, tub, shower
4121 and kitchen sink.
4122 5. Every sink, tub and shower shall be provided with hot water of at least one
4123 hundred ten degrees Fahrenheit (110°F) and with cold water.
4124 65. A space without obstruction from floor to ceiling of not less than twelve12
4125 inches (12") shall be in front of all toilets. Toilets shall be located in a space without
4126 obstruction from floor to ceiling of not less than twenty two22 inches (22") in width. No
4127 encroachments of these dimensions are permitted.
4128 76. Where vents do not exist for plumbing fixtures meeting the applicable
4129 codes in effect at the time of their installation, vents need not be installed when the
4130 plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
4131 B. Water Heaters: Water heaters shall comply with the construction codes adopted in
4132 Section 18.04.040 or the construction code in effect at the time of installationand boilers shall
4133 have a listed combination temperature and pressure relief valve and relief valve discharge pipe.
4134 All new installations of water heaters and boilers, when located above a finished space, shall
4135 include a safe pan with an UPC approved drain piped to an approved drainage system. Existing
4136 water heaters and boilers shall have a temperature and pressure relief valve. The valve shall have
4137 a listed discharge pipe which discharges no nearer than six inches (6") to the floor and no further
4138 than two feet (2') from the floor. A temperature and pressure relief valve shall be required for
4139 water heaters only when a water heater was designed for such valve.
4140 C. Cross Connections: In order to protect against contamination of the water supply
4141 through cross connections, all water inlets for plumbing fixtures shall be located above the flood
4142 level rim of the fixture as defined in the UPC. Hoses or handheld shower heads shall not be
4143 attached in any manner that would permit water contamination during reverse pressure. Water
4144 supply pipes provided with an approved backflow preventer or antisiphon device as regulated in
4145 the UPC shall be permitted. Handheld shower heads shall be permitted when provided with a
4146 permanently mounted holder attached to the wall or shower pipe, or when an antisiphon device is
4147 installed. Water faucet outlets below the overflow rim of the fixture shall be permitted until the
4148 faucet is replaced. A new fixture shall not be installed where it would create a cross connection.
113
LEGISLATIVE DRAFT
4149 D. Drains:
4150 1. Drain traps shall meet standards of the applicable adopted state
4151 construction codeUPC. Existing traps shall be allowed as originally designed. If the trap
4152 has been modified it shall be replaced with an approved trap, and a vent shall be added as
4153 required by the applicable adopted state construction codeUPC.
4154 2. All open entrapped sewer lines and outlets shall be capped with an
4155 approved cap.
4156 E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
4157 provided with the minimum water pressure and quantities required by the codes adopted
4158 pursuant to Section 18.04.040a minimum of fifteen (15) psi of water pressure.
4159 F. Bathrooms Iin Rental Dwelling Units: Each rental dwelling unit shall have a
4160 bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
4161 be in a room which will afford privacy to the occupant.
4162 G. Congregate Housing:
4163 1. The minimum plumbing fixtures required for congregate housing are a
4164 sink, toilet, and tub or shower for each ten (10) occupants or portion thereof and a kitchen
4165 sink. Bathrooms shall have installed a door with privacy lock.
4166 2. Congregate housing that does not provide private toilets, sinks, bathtubs or
4167 showers shall have on each floor, accessible from a public corridor, at least one toilet, one
4168 sink, and one bathtub with shower or one separate shower for each ten (10) occupants or
4169 portion thereof. For each additional ten (10) occupants, or portion thereof, an additional
4170 one toilet, one sink and one bathtub or shower accessible from a public corridor shall be
4171 provided.
4172
4173 18.50.220: MECHANICAL:
4174 A. Mechanical Equipment:
4175 1. Existing Installations: Mechanical systems lawfully in existence at the
4176 time of the adoption of this code may have their use, maintenance or repair continued if
4177 the use, maintenance or repair is in accordance with the original design and location and
4178 no hazard to life, health or property has been created by such mechanical system.
4179 2. Compliance: All mechanical equipment shall be in accordance with the
4180 code in effect at the time of installation.
4181 3. Maintenance: All mechanical equipment shall be properly maintained and
4182 shall be operated in a safe manner.
4183 B. Heating:
4184 1. Temperature: Heating shall be provided by a permanently installed heating
4185 system capable of heating all habitable rooms and bathrooms to a minimum of sixty eight
114
LEGISLATIVE DRAFT
4186 degrees (68°), which shall be measured in the center of the room at a height of three3 feet
4187 (3') from the floor.
4188 2. Air Return: A return air duct which serves more than one dwelling unit
4189 shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
4190 may have an existing common air return continued if the furnace was original
4191 installation. Existing common air return installations shall be allowed to continue when a
4192 listed smoke detector fan shutoff is installed in the return air duct of units constructed
4193 before 1985. Common air returns shall not be allowed in buildings constructed after
4194 1985.
4195 3. Fuel Burning Appliances:
4196 a. Except for direct vented appliances, gas furnaces and gas water
4197 heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
4198 only from a bedroom or a bathroom. Existing furnace rooms with access only
4199 through an existing bedroom may continue to exist when a one hundred twenty
4200 (120) volt smoke detector is installed in the bedroom and relayed to a smoke
4201 detector installed in the furnace room. All combustion air is to be supplied from
4202 outside air.
4203 b. Gas shutoff valves are required on all gas appliances. Shutoff
4204 valves shall be installed in accordance with the applicable adopted state
4205 construction codeUMC.
4206 c. All fireplaces, wood burning stoves, and all other appliances
4207 producing combustible gas byproducts shall be connected to an operating
4208 chimney or approved flue. All flues and vents shall be installed in compliance
4209 with EPA requirements and the requirements of the applicable adopted state
4210 construction codeUMC in effect at the time of installation.
4211 d. All fuel burning appliances shall be provided with combustion air
4212 per the requirements of their listing and with the applicable adopted state
4213 construction codeUPC and UMC in effect at the time of their installation.
4214 e. All fuel burning appliances shall be provided with listed clearances
4215 and maintained in good working condition and in accordance with their listing.
4216 f. All ventilation fans shall be installed according to their listing and
4217 maintained in good working condition.
4218 g. All ducts and vents shall be maintained according to original
4219 installation requirements.
4220
4221 18.50.230: ELECTRICAL:
4222 A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
4223 maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
4224 wiring and equipment shall be in accordance with the electrical code in effect at the time of
115
LEGISLATIVE DRAFT
4225 installation. All conductors shall be protected by fuses or circuit breakers that are adequately
4226 sized.
4227 B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
4228 the service and branch circuits shall have adequately sized circuit breakers or fuses.
4229 C. Facilities Required: The following electric facilities must be furnished at a
4230 minimum and must be operable:
4231 1. Service: The minimum main service to any dwelling unit shall be sixty
4232 (60) amperes. Existing dwelling units with electrical services less than sixty (60) amps
4233 per dwelling unit which have no special electrical service loads, such as air conditioners,
4234 ranges, heating units and clothes dryers may continue to be operated without upgrading
4235 the service.
4236 2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
4237 stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
4238 shall not be overfused.
4239 3. Receptacles: Every habitable room shall contain at least two (2) electrical
4240 receptacles or one electrical light fixture and one electrical receptacle. Grounding type
4241 receptacles shall only be used when connected to a grounding system. Existing
4242 nongrounding type receptacles may be replaced with grounding type receptacles where
4243 protected by a ground fault circuit interrupter.
4244 D. Upgrading Facilities:
4245 1. Service: When remodeling work is done, the service must be upgraded if
4246 required by the NEC.
4247 2. Circuits: When new circuits, outlets, switches, wiring and service panels
4248 are being installed, the installation shall meet the requirements of the NEC.
4249 3. Receptacles: Wiring, receptacles and switches may be replaced without
4250 upgrading so long as circuits are not overloaded.
4251 E. Lighting:
4252 1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
4253 room, interior stairway and hall shall contain at least one permanently mounted electric
4254 light fixture.
4255 2. Apartments, SROs Aand Congregate Housing:
4256 a. Lighting in the common areas shall be as follows: Aisles,
4257 passageways, stairwells, corridors, exitways and recesses related to and within the
4258 building complex shall be illuminated with a minimum of a forty (40) watt light
4259 bulb or equivalent for each two hundred (200) square feet of floor area; provided,
4260 that the spacing between lights shall not be greater than thirty30 feet (30').
4261 Structures containing three (3) dwelling units or less shall not be required to
4262 provide exit lighting when no lighting outlet has been previously provided.
116
LEGISLATIVE DRAFT
4263 b. Every furnace room shall contain at least one electric lighting
4264 fixture.
4265 c. Open parking lots and carports shall be provided with a minimum
4266 of one foot-candle of light on the parking surface during the hours of darkness.
4267 Lighting devices shall be protected by weather resistant covers and shall not cast
4268 glare on neighboring properties.
4269 F. General:
4270 1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
4271 covers.
4272 2. Flexible cords, as defined in the NEC, shall be used only according to
4273 their listing and shall not be installed as permanent wiring or strung across exitways.
4274
4275 18.50.240: ENERGY CONSERVATION REQUIREMENTS:
4276 A. Upgrading: Existing residential units shall be upgraded whenever any of the
4277 following events occur:
4278 1. Whenever wallboard, plaster or other finish material is removed which
4279 exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
4280 be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
4281 the space shall be ventilated as per the currently adopted applicable state construction
4282 codeUBC.
4283 2. Where insulation increases the accumulation of snow, and the snow load
4284 capacity of the roof structure is exceeded, the roof members shall be upgraded to
4285 withstand the additional loads.
4286 3. When access is available to foundations of existing structures, foundations
4287 shall be insulated to the standard required by the applicable Utah energy code when
4288 remodeling of the structure is initiated.
4289 4. When boarded structures are renovated for reoccupancy, the structure shall
4290 be insulated to the following standards when wall, ceiling, roof or floor cavities are open
4291 or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
4292 shall have the meaning as defined in the Utah energy code.
4293 5. When new habitable space is created within an existing building envelope,
4294 all such spaces shall be insulated to the current Utah energy code standards.
4295 6. All replacement windows shall be double pane. Replacement glass for
4296 structures which are on the historic register or are contributory structures located within
4297 one of the city's historic districts may be determined based upon standards adopted by the
4298 city's historic landmark committee. Replacement metal windows shall have a thermal
4299 break. Single pane replacement glass may be installed on windows not designed to accept
4300 double pane glass.
117
LEGISLATIVE DRAFT
4301 7. All exterior door replacements shall be weather stripped.
4302 8. New mechanical equipment installed shall meet a minimum of eighty
4303 percent (80%) efficiency.
4304 9. Except for the other applicable requirements of this chapter, when a new
4305 addition is made to an existing residential structure, only the addition shall be made to
4306 comply with current Utah energy code standards.
4307 B. Exterior Door Aand Window Seals:
4308 1. Exterior doors and windows shall be weathertight. If broken, all panes
4309 shall be replaced with glazing in compliance with the applicable adopted state
4310 construction codesUBC.
4311 2. All doors and windows shall be properly caulked and weatherproofed.
4312
4313 SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
4314 18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
4315 hereby repealed in its entirety as follows:
4316 CHAPTER 18.52
4317 MECHANICAL REGULATIONS
4318
4319 18.52.010: DEFINITIONS:
4320 For the purpose of this title:
4321 ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
4322 operate by the use of fuel and/or power and shall include any devices and appurtenances or
4323 appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
4324 burners necessary to the performance of such functions that shall create comfort heating and/or
4325 cooling or power for work services.
4326 MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
4327 cooling, ventilation and refrigeration systems, or energy using equipment.
4328
4329 18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
4330 The edition of the uniform mechanical code, as adopted by the Utah uniform building code
4331 commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
4332 City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
4333 code shall be filed for use and examination by the public in the office of the city recorder.
118
LEGISLATIVE DRAFT
4334 Hereafter all references in this code to the uniform mechanical code shall mean the said edition
4335 adopted by the Utah uniform building code commission.
4336
4337 18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
4338 "Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
4339 Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
4340 and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
4341 out, three (3) copies of which code have been filed for use and examination by the public in the
4342 office of the city recorder.
4343
4344 18.52.050: MECHANICAL PERMIT FEES:
4345 A. Any person desiring a permit required by this code shall, at the time of filing an
4346 application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
4347 city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
4348 shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
4349 specialty item is shown on the Salt Lake City consolidated fee schedule.
4350
4351 SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
4352 18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
4353 hereby repealed in its entirety as follows:
4354 CHAPTER 18.56
4355 PLUMBING REGULATIONS
4356
4357 18.56.010: UNIFORM PLUMBING CODE ADOPTED:
4358 The uniform plumbing code, 1988 edition, published by the International Association Of
4359 Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
4360 filed for use and examination by the public in the office of the city recorder, is hereby adopted,
4361 except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
4362 City.
4363
4364 18.56.020: PLUMBING SYSTEM DEFINED:
4365 "Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
4366 and traps, all drainage and vent pipes, and all building drains and appurtenances within the
4367 property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
119
LEGISLATIVE DRAFT
4368 prevention devices, and b) building sewers and private wastewater disposal systems three feet
4369 (3') or more beyond the outside walls of buildings. Included also are potable water treating or
4370 using equipment and water heaters.
4371
4372 18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
4373 The water supply portion of the plumbing system shall be considered to extend from the meter
4374 box (or the property line in the absence of a meter) to and throughout the building, terminating at
4375 an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
4376 are fire prevention and firefighting piping and equipment.
4377
4378 18.56.040: PLUMBING PERMIT FEES:
4379 A. Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
4380 basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
4381 schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
4382 consolidated fee schedule.
4383 B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
4384 the Salt Lake City consolidated fee schedule.
4385
4386 18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
4387 All single-family residences which have central water heating units shall deliver a minimum
4388 capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
4389 units shall have a central water heating unit which shall deliver a minimum capacity of thirty
4390 (30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
4391 central water heating unit is installed.
4392
4393 18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
4394 After the effective date hereof, no building permits shall be issued for new construction or
4395 remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
4396 or water closets which use more than four (4) gallons of water per flush. Any toilets or water
4397 closets installed prior to said effective date shall meet the standards of this section when
4398 replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
4399 that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
4400 with each flush.
4401
4402 18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
120
LEGISLATIVE DRAFT
4403 After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
4404 watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
4405 with toilets or water closets which meet the standards for new construction or remodeling
4406 specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
4407 as amended.
4408
4409 18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
4410 All floor drains, area drains and indirect waste receptors installed on any floor level other than
4411 slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
4412 inches (36") square of approved material, unless they are part of an original pour of concrete.
4413
4414 18.56.100: SOVENT PLUMBING SYSTEMS:
4415 "Sovent" is an engineered drainage plumbing system that does not meet conventional code
4416 requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
4417 18.56.010 of this chapter, or its successor section. The system is based on the combined
4418 hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
4419 will be allowed for use in the city under the following provisions:
4420 A. Certification: The proprietor(s) of the engineered system shall certify that the
4421 plans meet the design requirements and shall also certify at the completion of the installation that
4422 they have inspected the system and that the system complies with the approved plans;
4423 B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
4424 proposed system before a permit is obtained;
4425 C. Offsets: A double offset shall be installed in the stack on floor levels where no
4426 fixture or branch connections are made;
4427 D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
4428 base of the stack. No branch or fixture connections are permitted on this system downstream
4429 from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
4430 fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
4431 stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
4432 shall be provided with an accessible upper terminal cleanout;
4433 E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
4434 machine, or outlets from grease traps are prohibited in this system;
4435 F. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
4436 Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
4437 five degrees (135°);
4438 G. Conventional Plumbing: Vents from conventional plumbing and pressure
4439 equalizing line vents from a sovent system shall not connect to the sovent stack below other
4440 drainage fittings;
121
LEGISLATIVE DRAFT
4441 H. Future Alterations: No alteration may be made without prior written permission
4442 from the division of building and housing services, and no provisions for future openings will be
4443 permitted on this system. This system shall be properly identified on each installation site. All
4444 buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
4445 provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
4446
4447 18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
4448 A. Overflow roof drains shall not be connected to the primary roof drain lines.
4449 B. Overflow roof drains shall drain to a point where they can be easily seen for early
4450 problem detection.
4451 C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
4452 gap on reduced pressure backflow preventer.
4453 D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
4454 first approved by the administrative authority.
4455 E. Trough drains are prohibited unless first approved by the administrative authority.
4456 F. Drainage for gravity dump washers shall be by direct hookup to the building drain
4457 or to a sealed sump connected to the building drain. There shall be a floor drain immediately
4458 downstream of each gravity dump washer hookup.
4459
4460 18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
4461 Any portion of a plumbing system or any construction or work regulated by this title found or
4462 determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
4463 property, is hereby declared to be a public nuisance.
4464
4465 SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
4466 18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
4467 amended as follows:
4468 CHAPTER 18.64
4469 DEMOLITION
4470
4471 18.64.005: PURPOSE AND INTENT:
4472 A. The purpose of the provisions in this chapter is to:
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4473 1. Promote the public welfare by maintaining the integrity and continuity of
4474 the urban fabric and economic vitality;
4475 2. Provide an orderly and predictable process for demolition of buildings and
4476 structures when appropriate;
4477 3. Ensure demolition occurs safely;
4478 4. Protect utilities and other infrastructure from damage during demolition;
4479 5. Provide for enforcement of timely completion of demolition and for
4480 improvement of property following demolition to ensure the site is not detrimental to the
4481 use and enjoyment of surrounding property;
4482 6. Provide for enforcement and maintenance of property to avoid purposeful
4483 demolition by neglect; and
4484 7. Encourage preservation of the city's housing stock where appropriate.
4485 B. A primary intent of the city council with respect to this chapter is to promote
4486 responsible re-use of existing housing stock where practical and provide an orderly process for
4487 demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
4488 finds that it is in the public interest to require existing buildings to be maintained in a manner
4489 that does not constitute a public nuisance until replaced by new construction, except as otherwise
4490 permitted by this code.
4491
4492 18.64.010: PERMIT REQUIRED:
4493 It is unlawful to demolish any building or structure in the city, or cause the same to be
4494 demolished, without first obtaining a permit for demolition of each such building or structure
4495 from the city building official as provided in this chapter.
4496
4497 18.64.020: APPLICATION FOR PERMIT:
4498 To obtain a permit for demolition, an applicant shall submit an application in writing on a form
4499 furnished by the building official for that purpose. Each application shall:
4500 A. Identify and describe the type of work to be performed under the permit;
4501 B. State the address of the structure or building to be demolished;
4502 C. Describe the building or structure to be demolished including the type of use, type
4503 of building construction, size and square footage, number of stories, and number of residential
4504 dwelling units (if any);
4505 D. Indicate the method and location of demolished material disposal;
4506 E. Identify the approximate date of commencement and completion of demolition;
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LEGISLATIVE DRAFT
4507 F. Indicate if fences, barricades, scaffolds or other protections are required by any
4508 city code for the demolition and, if so, their proposed location and compliance;
4509 G. State whether fill material will be required to restore the site to level grade after
4510 demolition and, if required, the approximate amount of fill material;
4511 H. If the building or structure to be demolished contains any dwelling units, state
4512 whether any of the dwelling units are presently occupied; and
4513 I. State the proposed use of the premises following demolition. If new construction
4514 is proposed following demolition, state the anticipated start date and whether any development
4515 applications have been submitted to and/or approved by the city.
4516 J. Affirm that the property will comply with the landscaping requirements for the
4517 zoning district that the property is located in as required under the provisions of Chapter 21A.48.
4518
4519 18.64.030: FEES AND SIGNATURE:
4520 A. The permit application shall be signed by the party or the party's authorized agent
4521 requesting the permit. A signature on the permit application constitutes a certification by the
4522 signee that the information contained in the application is true and correct.
4523 B. The fee for a demolition permit application shall be as shown on the Salt Lake
4524 City consolidated fee schedule.
4525 C. An additional fee for the cost of inspecting the property to determine compliance
4526 with the requirements of this chapter and to assure the property is kept free of weeds and junk
4527 materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
4528
4529 18.64.040: ISSUANCE OF DEMOLITION PERMIT:
4530 A. A demolition permit may be issued only upon completion of an application in
4531 accordance with Section 18.64.020 herein; or the chief building official or fire marshal orders
4532 immediate demolition:
4533 1. Due to an emergency as provided in Chapter 18.64, Article II of this title;
4534 or
4535 2. Because the premises have been damaged beyond repair because of a
4536 natural disaster, fire, or other similar event; or
4537 3. The chief building official or fire marshal authorizes immediate
4538 demolition because clearing of land is necessary to remove a nuisance as defined in this
4539 code or Section 76-10-801 et seq., Utah Code or its successor.
4540 B. If proposed demolition involves a landmark site, a contributing structure, or a
4541 structure located in the H Historic Preservation Overlay District, as provided in Section
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LEGISLATIVE DRAFT
4542 21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
4543 compliance with applicable provisions of that section or its successor.
4544
4545 18.64.045: DEMOLITION BY NEGLECT:
4546 The owner of a boarded building shall maintain the exterior of the building as provided in
4547 Sections 18.48.2535 and 18.50.140, "Exterior Maintenance", of this title or its successor.
4548
4549 18.64.050: RESIDENTIAL DEMOLITION NOTICE
4550 A. If the structure for which a demolition permit is sought contains one or more
4551 dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
4552 official shall cause to be recorded against title to such real property in the official records of Salt
4553 Lake County a notice that contains the following information:
4554 1. Information about the demolished property as required by the city,
4555 including the number of dwelling units and respective number of bedrooms, and the amount of
4556 rent charged in the year prior to the demolition, and the level of affordability if the rent is a
4557 below market rate.
4558 2. Notice that the future development of the property may have specific
4559 development requirements under the City code, including without limitation the city’s
4560 community benefit policies in chapters 19 and 21A.50.050.
4561
4562 18.64.070: PREDEMOLITION SALVAGE PERMITS:
4563 A. A predemolition salvage permit shall be required for removal of doors, windows,
4564 special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
4565 marble, or similar materials on the exterior or interior of any building prior to demolition of the
4566 structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
4567 city approval of:
4568 1. A building permit for new construction on the premises following
4569 demolition, or
4570 2. A demolition permit.
4571 B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
4572 consolidated fee schedule.
4573
4574 18.64.080: EXPIRATION; DILIGENCE:
4575 A demolition permit shall expire forty five (45) calendar days from the date of issuance, unless a
4576 completion date allowing more time is requested and approved by the building official at the
125
LEGISLATIVE DRAFT
4577 time of application. A demolition permit may be renewed upon request prior to expiration with
4578 approval of the building official for one-half (1/2) of the original permit fee, provided continuous
4579 progress is being made. If a permit is allowed to expire without prior renewal, any subsequent
4580 request for reinstatement shall be accompanied by a reinstatement fee equal to the original
4581 demolition permit fee.
4582
4583 18.64.090: QUALIFICATIONS TO DO WORK:
4584 A. It shall be unlawful for demolition work permitted under this chapter to be
4585 performed except by a wrecking and demolition contractor having a general contractor or
4586 demolition license in good standing issued by the Division of Occupational and Professional
4587 Licensing in the Utah Department of Commerce.
4588 B. Salvage work under a predemolition salvage permit may be done without a
4589 contractor's license provided all other applicable conditions of this chapter are met.
4590
4591 18.64.100: DEMOLITION REQUIREMENTS:
4592 A. Prior to the commencement of any demolition or moving, the permittee shall plug
4593 all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
4594 excavation shall be covered until such plugging is approved by the department or by the building
4595 official. The permittee shall further ensure all utility services to the structure and/or premises
4596 have been shut off and meters removed prior to commencement of demolition work.
4597 B. When the applicant indicates the demolition will require more than thirty (30)
4598 days to complete, and where required by the building official for the safety of the public, the
4599 applicant shall also provide plans to fence the demolition site so that it is inaccessible to
4600 unauthorized persons in a manner acceptable to the building official. The building official may
4601 waive the fencing requirement if it is determined that fencing would be inappropriate or
4602 unnecessary to protect safety or health.
4603 C. A permit for demolition shall require that all materials comprising part of the
4604 existing structure(s), including the foundation and footings, be removed from the site. Unless
4605 otherwise approved under a building permit for redevelopment of the site, the depression caused
4606 by the removal of such debris shall be filled back and compacted to the original grade, as
4607 approved by the building official, with fill material excluding detrimental amounts of organic
4608 material or large dimension nonorganic material.
4609 D. Permitted demolition work, including filling and leveling back to grade and
4610 removal of required pedestrian walkways and fences, shall be completed within the permit period
4611 unless the building official finds that any part of the foundation of building or site will form an
4612 integral part of a new structure to be erected on the same site for which plans have already been
4613 approved by the building services and licensing division. In such event, the building official may
4614 approve plans for appropriate adjustments to the completion time and may impose reasonable
4615 conditions including the posting of a bond, erection of fences, securing, or similar preventions to
4616 ensure the site does not create a hazard after the demolition is completed.
126
LEGISLATIVE DRAFT
4617
4618 18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
4619 Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
4620 Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
4621
4622 18.64.120: VIOLATIONS:
4623 A. It is unlawful for the owner of a building or structure to violate the provisions of
4624 this chapter. Each day a violation occurs shall be a separate offense.
4625 B. Violation of the provisions of this chapter shall be punishable in accordance with
4626 Chapter 18.24is punishable as a class B misdemeanor or by imposing a civil penalty as provided
4627 in Section 21A.20.010 et seq., of this code.
4628
4629 ARTICLE II. EMERGENCY DEMOLITION
4630
4631 18.64.130: PURPOSE:
4632 Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
4633 emergency situation shall be as provided by this article.
4634
4635 18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
4636 A. If the building official determines that the walls or roof of a building or structure
4637 are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
4638 fall on other structures, property, or public rights of way, are a public nuisance, or create a
4639 danger to persons who may enter the property, or create a danger of fire, the building official
4640 may issue an order that the building should be demolished pursuant to this article. A notice and
4641 order reflecting this determination shall be issued and delivered in accordance with Section
4642 18.24.040.
4643 B. If the city’s fire marshal determines that a building or structure that has been
4644 affected by fire presents an impermissible danger to persons who may enter the property, then
4645 the fire marshal may issue an order that the building should be demolished pursuant to this
4646 article. A notice and order reflecting this determination shall be issued and delivered in
4647 accordance with Section 18.24.040.
4648 C. If the building official or fire marshal declares an emergency demolition the
4649 requirements of Section 21A.34.020.F, or its successor, shall not apply.
4650
4651 18.64.150: RESERVEDEMERGENCY DEMOLITION:
127
LEGISLATIVE DRAFT
4652 If the chief building official declares an emergency, the notification and hearing provisions of
4653 section this chapter, or its successor, shall be waived and the building official may authorize
4654 immediate demolition of any structure that meets the standards of Section 18.64.140 of this
4655 chapter or its successor. The chief building official must make an emergency declaration in
4656 writing.
4657
4658 18.64.160: BILL FOR COSTS; COLLECTION:
4659 A. Permitted Recovery of Costs: If the building official or designee causes the
4660 emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
4661 the property owner received at least 10 days’ notice in which to complete demolition and failed
4662 to do so, the division may collect the city’s abatement costs which shall include the cost of the
4663 demolition contractor, costs of any environmental testing or environmental controls over
4664 demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
4665 demolition, by filing a property tax lien, as set forth in this section.Upon the completion of any
4666 city demolition pursuant to this article, the city shall mail a bill to the property owner for the
4667 city's costs of demolition which shall include the cost of the demolition contractor and a
4668 reasonable amount to pay the costs of city personnel involved in the demolition.
4669 B. Itemized Statement of Costs: Upon completion of the demolition work, the
4670 building official or designee shall prepare an itemized statement of costs and mail it to the
4671 property owner by certified mail or using any reputable mail tracking service that is capable of
4672 confirming delivery, demanding payment within 30 days of the date the statement is post
4673 marked.If the bill is not paid within thirty (30) days, the city may take legal action to collect the
4674 bill.
4675 C. Form of Itemized Statement of Costs: The itemized statement of costs shall
4676 include:
4677 1. The address of the property at issue;
4678 2. An itemized list of all expenses incurred by the division, including
4679 administrative costs;
4680 3. A demand for payment;
4681 4. The address where payment is to be made;
4682 5. Notification that failure to timely pay the expenses described in the
4683 itemized statement may result in a lien on the property in accordance with this chapter
4684 and Utah Code Section 10-11-4 or its successor;
4685 6. Notification that the property owner may file a written objection to all or
4686 part of the statement within 20 days of the date the statement is postmarked; and
4687 7. Where the property owner may file the objection, including the name of
4688 the office and the mailing address.
4689 D. Delivery of Statement of Costs: The itemized statement of costs described in
4690 Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
4691 tracking service that is capable of confirming delivery addressed to the last known address of the
4692 property owner, according to the records of the county recorder.
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LEGISLATIVE DRAFT
4693 E. Objection to Statement of Costs: A property owner may appeal the statement of
4694 costs to the fines hearing officer pursuant to Section 18.12.050.
4695 F. Failure to Object or Pay: If the property owner fails to make payment of the
4696 amount set forth in the itemized statement within 30 days of the date of the mailing of that
4697 statement, or to file a timely objection, then the division may certify the past due costs and
4698 expenses to the Salt Lake County Treasurer.
4699 G. Failure to Pay After Objection Hearing: If the property owner files a timely
4700 objection but fails to make payment of any amount ordered by the fines hearing officer, the
4701 inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
4702 H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
4703 Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
4704 the district court, is a lien on the property, and shall be collected by the Salt Lake County
4705 Treasurer at the time of the payment of general taxes.
4706 I. Release of Lien: Upon payment of the amount set forth in the itemized statement
4707 of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
4708 satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
4709 general tax receipt issued by the county.
4710
4711 SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
4712 18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
4713 Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
4714 18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
4715 A. Violations: It is unlawful for any person, firm or corporation to intentionally
4716 perform any act prohibited by this chapter or to intentionally fail to perform any act or comply
4717 with any requirement of this chapter or to aid or abet therein, or to fail or refuse to comply with
4718 any valid order called by the specified officials responsible to administer the provisions of this
4719 chapter. No permits shall be issued to any applicant during the time he/she shall fail to correct
4720 defective work or noncomplying work or violation exists after written notice by the official
4721 responsible for the permit or their designee. Any person, firm or corporation violating any of the
4722 provisions of this chapter shall be deemed guilty of a misdemeanor.
4723 B. Fines And Penalties: Upon conviction for such violations of this chapter, such
4724 party, if a person, shall be punishable as provided in section 1.12.050 of this code, or its
4725 successor. If such party is a corporation, association, partnership or governmental
4726 instrumentality, such party may be subject to a fine not exceeding two thousand dollars
4727 ($2,000.00) and/or imprisonment of not more than six (6) months.
4728
129
LEGISLATIVE DRAFT
4729 SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
4730 18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
4731 hereby is amended as follows:
4732 CHAPTER 18.76
4733 MOBILE HOME PARKS
4734
4735 18.76.010: DEFINITIONS:
4736 For the purposes of this chapter, the following definitions shall apply:
4737 CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
4738 use by the occupant of the mobile home.
4739 DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
4740 HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
4741 connections required between the mobile home or recreational vehicle utility outlets and inlets
4742 and the park service connections that make the mobile home or recreational vehicle operational.
4743 MOBILE HOME: A factory assembled structure or structures equipped with the necessary
4744 service connections and constructed to be readily mobile as a unit or units on its own running
4745 gear, and designed to be used as a dwelling unit without a permanent foundation.
4746 MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
4747 city planning commission, is used for the accommodation of occupied mobile homes.
4748 MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
4749 the accommodation of one mobile home and its accessory buildings or structures for the
4750 exclusive use of the occupants.
4751 MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
4752 prepared and reserved for the placement of one mobile home.
4753 MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
4754 travel, recreational and vacation use.
4755 PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
4756 other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
4757 mobile home or recreational vehicle site, to the property line connection with the sewer lateral
4758 from the main line sewer.
4759 PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
4760 water supply systems within the park property lines.
4761 PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
4762 extend from the water meter to the mobile home or recreational vehicle water supply system, and
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LEGISLATIVE DRAFT
4763 shall include main and branch service lines, fixtures, devices, piping in service buildings, and
4764 appurtenances thereto.
4765 RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
4766 mobile home or any portion thereof.
4767 RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
4768 as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
4769 or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
4770 camp trailer, a truck camper, or a motor home.
4771 RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
4772 recreational vehicles are parked for temporary use as living quarters.
4773 RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
4774 accommodate one recreational vehicle.
4775 RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
4776 which has been prepared and reserved for the placement of one recreational vehicle.
4777 SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
4778 A. Can operate independent of connections to external sewer, water and electrical
4779 systems; and
4780 B. Has a toilet and holding tank for liquid waste; and
4781 C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
4782 bath facilities connected to the holding tank; provided, however, that all facilities shall be in
4783 sound operating condition, and further provided that it may be connected to external electric,
4784 water and sewer systems.
4785 SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
4786 women and which may also have laundry facilities, flushing rim sink, and other facilities as may
4787 be required by this title, and which shall be apart from the facilities within the mobile home or
4788 recreational vehicle.
4789 SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
4790 the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
4791 system.
4792 SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
4793 ground elevation and terminates at each mobile or recreational vehicle space.
4794 TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
4795 highway movement permit when drawn by a motorized vehicle, and:
4796 A. Designed as a temporary dwelling for travel, recreational and vacation use; and
4797 B. When factory equipped for the road, having a body width of not more than eight8
4798 feet (8') and a body length of not more than thirty two32 feet (32').
131
LEGISLATIVE DRAFT
4799 WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
4800 connection to the water inlet connection of the mobile home or recreational vehicle.
4801 WATER RISER PIPE: That portion of the park water supply system which extends vertically to
4802 the ground elevation and terminates at a designated point at each mobile home or recreational
4803 vehicle space.
4804
4805 18.76.020: RESERVEDCOMPLIANCE WITH ZONING PROVISIONS:
4806 The appeals hearing officer may permit the use of land in any district for a mobile home park
4807 provided that in all cases there is compliance with the conditions in title 21A of this code. (Ord.
4808 8-12, 2012)
4809
4810 18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
4811 It is unlawful for any person to construct, maintain or operate a mobile home or recreational
4812 vehicle park within the limits of the city unless such person complies with this title and all other
4813 pertinent provisions of this code, and first obtains approval, permits and licenses as required.
4814
4815 18.76.040: RESERVEDEXISTING PARKS:
4816 Mobile home and recreational vehicle parks legally existing at the time of the effective date of
4817 the ordinance codified herein may continue to operate on the same basis as under nonconforming
4818 uses, as set forth in the current Salt Lake City zoning ordinance.
4819
4820 18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
4821 Mobile home park construction permits required by the division shall be issued to properly
4822 licensed contractors as follows:
4823 A. A general building permit fee shown on the Salt Lake City consolidated fee
4824 schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
4825 occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
4826 B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
4827 consolidated fee schedule;
4828 C. The park plumbing system, including sewer and water risers, shall require the fee
4829 shown on the Salt Lake City consolidated fee schedule, for each space;
4830 D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
4831 the regular and normal fee schedule;
4832 E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
4833 Lake City consolidated fee schedule, for each hydrant.
132
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4834
4835 18.76.060: RESERVEDPERMIT REQUIRED BEFORE COMMENCING WORK:
4836 Application for required permits shall be made by a duly licensed contractor and fees paid to the
4837 city treasurer before any work commences. A double fee permit shall be assessed if any work
4838 commences without first obtaining the required permit or permits.
4839
4840 18.76.070: RESERVEDPLANS AND LOT PLACEMENT:
4841 The location of the mobile home lot limits on the grounds shall be the same as shown on the
4842 approved plans. The degree of accuracy obtained by working with a scale on the plan and then a
4843 tape on the ground is acceptable. Mobile home lot markers shall be the responsibility of the
4844 mobile home park operator.
4845
4846 18.76.080: LOT MARKERS:
4847 The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
4848 by permanent flush stakes, markers, or other suitable means.
4849
4850 18.76.090: RESERVEDPERMANENT BUILDING DESIGN AND CONSTRUCTION:
4851 Every building, except a mobile home accessory building, shall be designed and constructed in
4852 accordance with this title.
4853
4854 18.76.100: ADDITIONS AND REMODELING OF PARKS:
4855 Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
4856 addition or remodel conforms to all the provisions of this title.
4857
4858 18.76.110: RESERVEDACCESSORY BUILDINGS; PERMIT AND PLAN
4859 REQUIREMENTS:
4860 Prior to the installation of accessory buildings or structures in a mobile home lot, within a mobile
4861 home park, two (2) copies of a completely dimensioned plot plan drawn to scale and in
4862 accordance with the approved development plan shall be submitted to the division and a permit
4863 obtained. The plot plan shall show the size and location of the mobile home, the identification
4864 number, and the dimensions of the approved lot space, the dimension and location of the
4865 proposed structure, and its dimensional relation to immediate mobile homes and/or structures.
4866
4867 18.76.120: RESERVEDACCESSORY BUILDINGS; CONSTRUCTION STANDARDS:
133
LEGISLATIVE DRAFT
4868 A. Standards Applicable: Every accessory building or structure, including, but not
4869 limited to, cabanas, ramadas, awnings, patio covers and carports, shall be constructed in
4870 accordance with the provisions of the latest ANSI standard A119.3. No building nor any portion
4871 of any building shall be supported in any manner by a mobile home.
4872 B. Exception: Roof structures such as patio covers and awnings used as temporary
4873 shelter adjacent to a mobile home may be attached to the side of a mobile home, provided they
4874 project not more than ten feet (10') from the side of the mobile home and have at least the upper
4875 one-half (1/2) of the perimeter open or screened, with the remaining construction of nonbearing
4876 enclosing walls.
4877
4878 18.76.130: RESERVEDCARPORTS, RAMADAS AND COVERED PATIOS:
4879 Attached carports or ramadas shall be completely open except for necessary structural supports.
4880 Covered patios and similar structures may be enclosed, provided the construction conforms to
4881 the requirements of the latest ANSI standard A119.3, except as provided in this title.
4882
4883 18.76.140: RESERVEDRECREATIONAL VEHICLE AREA APPROVED WHEN:
4884 Where the mobile home park has direct access to a major highway, the appeals hearing officer
4885 may approve the use of a portion of the park as a recreational vehicle park, provided the same
4886 design standards are maintained.
4887
4888 18.76.150: UNDERGROUNDING OF UTILITIES:
4889 The complete distribution system or collection system of any utility shall be underground.
4890
4891 18.76.160: SEWER CONNECTIONS AND FEES:
4892 All present and normally assessed applicable fees set forth in the Salt Lake City consolidated fee
4893 schedule shall be paid prior to occupancy of any mobile home, including those fees due to the
4894 engineering department for sewer lateral connection from the property line to the sewer main line
4895 in the street.
4896
4897 18.76.170: STREET SURFACING REQUIREMENTS:
4898 All streets shall be provided with a smooth, hard and dense surface which shall be durable and
4899 well drained under normal use and weather conditions. The surface shall be maintained free of
4900 cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
4901 shifting of the base.
4902
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LEGISLATIVE DRAFT
4903 18.76.180: STREETLIGHTS:
4904 Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
4905 system. Potentially hazardous locations, such as major street intersections and steps or stepped
4906 ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
4907
4908 18.76.190: LANDSCAPING:
4909 Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
4910 recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
4911 manner as to eliminate dust, weeds, debris and accumulation of rubbish.
4912
4913 18.76.200: UNLAWFUL AND HAZARDOUS USES:
4914 No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
4915 home park a mobile home which is structurally unsound, which constitutes a hazard, or which
4916 does not protect its occupants against the elements. All mobile homes are subject to Chapter
4917 18.50.
4918
4919 18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
4920 Whenever any mobile home is being used contrary to the provisions of this chapter, the division
4921 may pursue such enforcement methods as permitted by this titleorder such use discontinued and
4922 the mobile home to be removed, relocated, or otherwise made to conform with the provisions of
4923 this title by notice served on any person responsible for the illegal use.
4924
4925 18.76.220: ENFORCEMENT OF PROVISIONS:
4926 The division is hereby designated and authorized as the officers charged with the enforcement of
4927 this chapter.
4928
4929 SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
4930 18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
4931 and hereby is repealed in its entirety as follows:
4932
4933 CHAPTER 18.80
4934 PARKING LOT CONSTRUCTION
135
LEGISLATIVE DRAFT
4935
4936 18.80.010: PARKING LOT DEFINED:
4937 "Parking lot" means an open area other than a street used for the parking of more than four (4)
4938 automobiles, and available for public use, whether free, for compensation, or as an
4939 accommodation for clients or customers.
4940
4941 18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
4942 No parking lot or parking area shall be constructed without first obtaining a permit authorizing
4943 such construction. No permit shall be issued without first securing the recommendations of the
4944 city transportation engineer and no permit shall be issued until the applicant has complied with
4945 the provisions of this chapter.
4946
4947 18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
4948 The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
4949 along the street side, to limit points of ingress and egress, to prevent encroachment of parked
4950 vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
4951 bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
4952 the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
4953 or guardrail.
4954
4955 18.80.040: DRIVEWAY RESTRICTIONS:
4956 Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
4957 driveways must be separated by an island at least twelve feet (12') in width; and driveways must
4958 be at least ten feet (10') from the property line of any intersecting street.
4959
4960 18.80.050: BUILDINGS FOR ATTENDANTS:
4961 Attendant buildings must be located far enough from the entrance to prevent congestion at the
4962 sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
4963 neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
4964 or relocating an attendant building, shall secure the approval of the city transportation engineer
4965 and the city planning director.
4966
4967 18.80.060: SURFACING OF PARKING AREA:
4968 Ground surfaces of the parking area shall be paved or hard surfaced.
4969
136
LEGISLATIVE DRAFT
4970 18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
4971 Parking lots which are operated and open to use during the hours of darkness after one hour after
4972 sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
4973 foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
4974 fluorescent light source, but in no event less than 0.2 foot-candle average maintained
4975 illumination on the entire parking lot surface and an average ratio of six to one (6:1).
4976
4977 18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
4978 Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
4979 successor, and before altering or adding to any lighting facilities presently existing, the operator
4980 of a parking lot shall first make application to the building official for a permit, and shall submit
4981 with such application a detailed plan for such facilities. If it shall be found that the installation
4982 will conform to the requirements of this chapter and the electrical code, a permit shall be issued
4983 upon payment of the fee required by the electrical code covering work in commercial and
4984 industrial property.
4985
4986 18.80.090: CAR CAPACITY AND MANEUVERING:
4987 The maximum car capacity indicated on the application shall be reasonable, and the arrangement
4988 of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
4989 parkways, roadways or thoroughfares in conducting parking and unparking operations.
4990
4991 18.80.100: CLEANUP OF WASTE AND LITTER:
4992 Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
4993 lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
4994 from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
4995 clear the parking lot from refuse and waste material once each day.
4996
4997 18.80.110: ENFORCEMENT OF PROVISIONS:
4998 It shall be the duty of the building official to enforce the provisions of this chapter with respect to
4999 lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
5000 chapter as to keeping the premises in a clean condition.
5001
5002 18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
5003 It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
5004 is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
5005 chapter.
137
LEGISLATIVE DRAFT
5006
5007 SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
5008 18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
5009 and hereby is repealed in its entirety as follows:
5010
5011 CHAPTER 18.92
5012 BUILDING CONSERVATION CODE
5013
5014 18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
5015 REFERENCE:
5016 The uniform code for building conservation, 1988 edition, is adopted by the city as the
5017 ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
5018 hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
5019 public in the office of the city recorder.
5020
5021 18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
5022 The exception to section 402(d) of the code is amended to read as follows:
5023 Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
5024 above may be continued when the corridors and common areas are protected with an approved
5025 automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
5026 supply system, provided the system is of adequate pressure, capacity and sizing for the combined
5027 domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
5028 floor or building must be protected with an approved automatic sprinkler system throughout.
5029
5030 18.92.030: SECTION 403 AMENDED:
5031 Section 403 of the code is amended by deleting the following sentence:
5032 Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
5033 capable of resisting the forces and loads specified in chapter 23 of the building code.
5034
5035 18.92.040: EXCEPTION ADDED TO SECTION 606(1):
5036 An exception to section 606(1) is enacted to read as follows:
138
LEGISLATIVE DRAFT
5037 Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
5038 retardant paint or finish when an automatic fire extinguishing system is installed throughout and
5039 the nonconforming materials can be substantiated as historic in character.
5040
5041 SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
5042 18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
5043 and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
5044 CHAPTER 18.94
5045 COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
5046
5047 18.94.010: PURPOSE:
5048 The purpose of this chapter is to promote long-term economic development in Salt Lake City
5049 through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
5050 pollution and greenhouse gas emissions resulting from energy consumption in such buildings
5051 through increased energy efficiency, by requiring certain non-residential buildings to benchmark
5052 and report energy consumption and investigate opportunities to implement cost-effective
5053 building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
5054 cleaner environment and a more efficient use of energy resources.
5055
5056 18.94.020: SCOPE:
5057 The provisions of this chapter apply to buildings and building owners as follows:
5058 A. All buildings owned by the City, that are not used for residential purposes,
5059 wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
5060 21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
5061 provided, however, no building with less than twenty two thousand (22,000) square feet of gross
5062 floor area shall be subject to the provisions of section 18.94.080 of this chapter.
5063 B. All other governed buildings or campuses of buildings that are not used for
5064 residential purposes within Salt Lake City's geographic boundaries, where at least one of the
5065 buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
5066 To the extent a governed building contains elements or uses that are not included within the
5067 definition of a governed building under this chapter, the square footage of gross floor area of
5068 such elements or uses shall be excluded from the square footage of gross floor area of such
5069 building and shall not be considered a part of the governed building for purposes of this chapter.
5070 C. Exemptions:
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LEGISLATIVE DRAFT
5071 1. Governed buildings that are new construction and the Certificate of
5072 Occupation was issued less than two (2) years prior to the applicable deadlines; or
5073 2. Governed buildings that do not have a Certificate of Occupation or
5074 temporary Certificate of Occupation for all twelve (12) months of the calendar year being
5075 benchmarked; or
5076 3. Governed buildings where a full demolition permit has been issued for the
5077 prior calendar year, provided that demolition work has commenced, some energy-related
5078 systems have been compromised, and legal occupancy is no longer possible at some point
5079 during the calendar year being benchmarked; or
5080 4. Governed buildings, including individual buildings or structures, that do
5081 not receive utility services; or
5082 5. Any of the following: a property or building that is not assessed ad
5083 valorem real property taxes by Salt Lake County, houses of worship, apartments,
5084 agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
5085 purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
5086 buildings that contain movie/television/radio production studios, soundstages, broadcast
5087 antennae, data center, or trading floor that together exceed ten percent (10%) of gross
5088 floor area.
5089 D. Governed buildings do not include properties owned by State or Federal
5090 government.
5091
5092 18.94.030: DEFINITIONS:
5093 BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
5094 a specific function and that are controlled and operated by the owner or designee, including:
5095 A. The building envelope;
5096 B. The HVAC (heating ventilating and air conditioning) systems;
5097 C. Conveying systems;
5098 D. Electrical and lighting systems;
5099 E. Domestic hot water systems.
5100 BENCHMARK: To track and report the total energy consumed for a governed building for the
5101 previous calendar year and other descriptive information for such building as captured by the
5102 benchmarking tool. Total energy consumption may not include separately metered uses that are
5103 not integral to building operations, such as broadcast antennas and electric vehicle charging
5104 stations.
5105 BENCHMARKING SUBMISSION: A subset of:
5106 A. Information input into the benchmarking tool; and
140
LEGISLATIVE DRAFT
5107 B. Benchmarking information generated by the benchmarking tool.
5108 BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
5109 by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
5110 Director.
5111 BUILDING ID NUMBER: The identification number that is unique to a governed building.
5112 BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
5113 building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
5114 security systems, including an energy management system, incorporating interior temperature
5115 sensors and a central processing unit and controls, which are used to monitor and control gas,
5116 steam and oil usage, as applicable.
5117 CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
5118 least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
5119 cohesive property with a single shared primary function, and are generally owned and operated
5120 by the same party.
5121 CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
5122 wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
5123 21A.62.040 of this Code.
5124 DEPARTMENT: The Salt Lake City Department of Sustainability.
5125 DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
5126 ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
5127 Environmental Protection Agency to track and assess the relative energy performance of
5128 buildings nationwide.
5129 ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
5130 manager tool.
5131 FINANCIAL HARDSHIP: A property that:
5132 A. Had arrears of property taxes or water or wastewater charges that resulted in the
5133 property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
5134 B. Has a court appointed receiver in control of the property due to financial distress;
5135 or
5136 C. Is owned by a financial institution through default by the borrower; or
5137 D. Has been acquired by a deed in lieu of foreclosure; or
5138 E. Has a senior mortgage subject to a notice of default.
5139 GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
5140 commercial use, including:
5141 A. Banking/financial services;
141
LEGISLATIVE DRAFT
5142 B. Stand-alone data centers;
5143 C. Education (including K - 12, daycare, pre- school, vocational school);
5144 D. Entertainment/public assembly (including convention centers, gyms, movie
5145 theaters, performing arts, meeting halls, recreation centers);
5146 E. Food sales and services (including restaurants, supermarkets, grocery stores,
5147 convenience stores);
5148 F. Healthcare (including hospitals, medical offices, senior care communities,
5149 assisted living and nursing care);
5150 G. Lodging (including hotels, motels);
5151 H. Mixed use;
5152 I. Offices;
5153 J. Retail (including retail goods establishments, retail service establishments,
5154 department stores, mass merchandising stores, specialty stores, enclosed retail malls and
5155 shopping centers);
5156 K. Technology/science (including data centers and research facilities);
5157 L. Warehouses, distribution, and package delivery facilities.
5158 GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
5159 of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
5160 porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
5161 and interior connected floor area devoted to accessory uses. Gross floor area does not include
5162 balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
5163 areas, and covered walkways.
5164 HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
5165 OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
5166 OWNER: Any of the following:
5167 A. An individual or entity possessing title to a governed property;
5168 B. The net lessee in the case of a property subject to a triple net lease with a single
5169 tenant;
5170 C. The Board of Managers in the case of a nonresidential condominium;
5171 D. An agent or party duly authorized to act on behalf of the owner.
5172 PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
5173 building management system with analytic models; identifying problematic sensors, controls and
5174 equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
5175 existing buildings.
142
LEGISLATIVE DRAFT
5176 SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
5177 governed buildings with Energy Star scores above 50, and any portions of the submitted
5178 benchmarking information that owner elects to be posted publicly on the department's website.
5179 SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
5180 the benchmarking tool and descriptive information about the governed building and its
5181 operational characteristics, which is submitted to the department. The information shall be
5182 limited to:
5183 A. Descriptive information:
5184 1. Property address;
5185 2. Primary use type;
5186 3. Gross floor area;
5187 B. Output information:
5188 1. Site electricity consumption (kWh);
5189 2. Site natural gas consumption (therms);
5190 3. Site energy use intensity (site EUI);
5191 4. Weather normalized source energy use intensity (source EUI);
5192 5. Total annual greenhouse gas emissions;
5193 6. Water use per gross square foot (if available);
5194 7. The Energy Star score, where available; and
5195 C. Comparable information based on updates/revisions to Energy Star portfolio
5196 manager.
5197 TENANT: A person or entity occupying or holding possession of all or a portion of real
5198 property, or all or a portion of a governed building pursuant to a rental or lease agreement.
5199 TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
5200 evaluates base building systems and identifies improvements to achieve optimal building
5201 performance. This includes planning, investigation, and documentation to optimize operation,
5202 maintenance and performance of the facility and/or its base building systems and assemblies.
5203 TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
5204 demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
5205 incentive program.
5206 TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
5207 provide tune-up evaluation services or who possesses other substantially similar credential to
5208 perform a tune-up evaluation required by this chapter.
5209
143
LEGISLATIVE DRAFT
5210 18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
5211 AND INITIAL COMPLIANCE DATES:
5212
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
5213
5214 18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
5215 A. Governed buildings and City properties shall be benchmarked annually for the
5216 previous calendar year according to the following schedule:
5217 1. Each City property shall be benchmarked no later than May 1, 2018, and
5218 every May 1 thereafter.
5219 2. Each governed building with a gross floor area of fifty thousand (50,000)
5220 square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
5221 thereafter.
5222 3. Each governed building with a gross floor area of twenty five thousand
5223 (25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
5224 benchmarked no later than May 1, 2020, and every May 1 thereafter.
5225 B. Below is a summary table of the first benchmarking submission compliance dates:
5226
Properties Benchmarking Submission By Building Owner
City property May 1, 20185227
144
LEGISLATIVE DRAFT
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
5227
5228 C. Benchmarking shall be performed and/or verified by the owner.
5229 D. Before making a benchmarking submission the owner shall run all automated data
5230 quality checker functions available within the benchmarking tool, and shall correct all missing or
5231 incorrect information identified.
5232 E. If the current owner receives notification from the City that any information
5233 reported as part of the benchmarking submission is inaccurate or incomplete, the information so
5234 reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
5235 updated benchmarking submission to the Director within sixty (60) days of the notification.
5236 F. Exceptions:
5237 1. Governed buildings whose average occupancy throughout the calendar
5238 year for which benchmarking is required is less than sixty percent (60%); or
5239 2. Governed buildings under financial hardship; or
5240 3. Due to special circumstances unique to the applicant's facility and not
5241 based on a condition caused by actions of the applicant, strict compliance with provisions
5242 of this chapter would cause undue hardship or would not be in the public interest; or
5243 4. An owner is unable to benchmark due to the failure of either a utility
5244 provider or a tenant (or both) to report the information necessary for the owner to
5245 complete any benchmarking submittal requirement.
5246 G. For properties qualifying for these exceptions, the owner shall file documentation,
5247 in such form and with such certifications as required by the Director, with the department in the
5248 year prior to the due date for the benchmarking submission, establishing that the governed
5249 building qualifies for such an exception.
5250 H. A randomly-selected subset of benchmarking submission not to exceed ten
5251 percent (10%) of the total benchmarking submissions completed in a given year may be subject
5252 to verification by the City. Such reviews shall be conducted in a way so as to preserve the
5253 anonymity of individual properties and shall be conducted at no cost to the owner.
5254 I. An owner may make a claim of confidentiality for any submitted benchmarking
5255 information pursuant to the limitations under State law.
5256
5257 18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
145
LEGISLATIVE DRAFT
5258 A. The City shall make accessible to the public the shared benchmarking information
5259 for the previous calendar year.
5260 1. For each governed building with a gross floor area of fifty thousand
5261 (50,000) square feet or more, on or about September 1, 2020, and on or about each
5262 September 1 thereafter.
5263 2. For each governed building with a gross floor area of twenty five thousand
5264 (25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
5265 about September 1, 2021, and each September 1 thereafter.
5266 B. The department may, upon request, make available the submitted benchmarking
5267 information for the previous calendar year for an individual City property or governed building.
5268
5269 18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
5270 OWNER:
5271 A. Each tenant occupying a governed building shall, within sixty (60) days of a
5272 request by the owner and in a form to be determined by the Director, provide all information that
5273 cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
5274 requirements of this chapter.
5275
5276 18.94.080: TUNE-UP EVALUATIONS REQUIRED:
5277 A. Required: Tune-up evaluations are required for governed buildings and City
5278 properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
5279 determined by the utility offering the incentive program and that have an Energy Star score of 49
5280 and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
5281 required.
5282 B. Report: The owner shall conduct a tune-up evaluation of the base building
5283 systems of a qualifying governed building and file a tune-up evaluation report prior to December
5284 31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
5285 be determined by the last digit of the property's tax ID number as illustrated below, and
5286 subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
5287 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 20235288
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LEGISLATIVE DRAFT
4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
5288
5289 C. Report Submission: The owner shall submit the tune-up evaluation report to the
5290 City.
5291 D. Exceptions: Tune-up evaluations are not required if any of the following are met:
5292 1. If the governed building is less than five (5) years old; or
5293 2. If a registered design professional or tune-up professional certifies that:
5294 a. The governed building has an Energy Star score of 50 or above for
5295 the year prior to the first tune-up due date or for at least two (2) of the three (3)
5296 years preceding the due date of the governed building's tune-up evaluation report.
5297 b. There is no Energy Star rating for the building type and owner
5298 submits documentation that the property's energy performance is better than the
5299 energy performance of an average building of its type for two (2) of the three (3)
5300 years preceding the due date of the governed building's tune-up report.
5301 c. The governed building has received certification under the most
5302 recent LEED 2009 rating system for existing buildings or operation and
5303 maintenance, or existing buildings version 4 rating system or future iterations of
5304 LEED published by the U.S. Green Building Council or other substantially
5305 similar rating systems for existing buildings, for at least two (2) of the three (3)
5306 years preceding the due date for the governed building's tune-up evaluation
5307 reports.
5308 d. The governed building has performed a tune-up evaluation within
5309 the past five (5) years prior to the tune-up evaluation due date.
5310 3. If the governed building has a persistent commissioning program in place.
5311 For properties qualifying for these exceptions, the owner shall file documentation,
5312 in such form and with such certifications as required by the Director, with the
5313 department in the year prior to the due date for the tune-up report, establishing
5314 that the governed building qualifies for such an exception.
5315 E. Verification: A randomly-selected subset of tune-up evaluation reports not to
5316 exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
147
LEGISLATIVE DRAFT
5317 be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
5318 the anonymity of individual properties and shall be conducted at no cost to the owner.
5319
5320 18.94.090: NOTIFICATION:
5321 A. Between January 1 and March 1 of each year during which an owner is required
5322 to provide a benchmarking submission, the Director shall notify these owners of their obligation
5323 to benchmark performance for the previous calendar year through whatever means the Director
5324 so chooses.
5325
5326 18.94.100: VIOLATIONS AND ENFORCEMENT:
5327 A. If the Director determines that an owner has failed to comply with the
5328 requirements of this chapter or the owner submits incomplete or false information, the Director
5329 may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
5330 such noncompliance within ninety (90) days after each notice of violation. After the third written
5331 notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
5332 violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
5333
5334 18.94.110: APPEALS PROCESS:
5335 A. Any owner affected by the Director's determination related to that owner's
5336 property regarding enforcement of this chapter may request, within thirty (30) days of owner's
5337 written notification of the Director's determination, in writing filed with the department, an
5338 appeal hearing before the Board of Appeals and Examiners, established under this title.
5339
5340 SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
5341 18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
5342 Funded Construction) shall be, and hereby is amended as follows:
5343 CHAPTER 18.95
5344 USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
5345
5346 18.95.010: PURPOSE:
5347 The purpose of this chapter is to promote development consistent with sound environmental
5348 practices by requiring, subject to sSections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
5349 that applicable building projects constructed with city construction funds obtain, at a minimum:
148
LEGISLATIVE DRAFT
5350 a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
5351 that receive city funds. These designations shall be from the "USGBC" as defined herein.
5352
5353 18.95.020: DEFINITIONS:
5354 As used in this chapter:
5355 APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
5356 multi-family residential, or municipal building that will contain more than ten thousand (10,000)
5357 square feet of occupied space when the design contract for such project commences on or after
5358 November 17, 2006.
5359 BOARD: The board of appeals and examiners created under chapter 18.12 of this title,
5360 hereinafter called "board".
5361 BUILDING OFFICIAL: The director of the division of building services or the designee of the
5362 director.
5363 CERTIFIED: The level of compliance with the leadership in energy and environmental design
5364 (LEED) standards designated as "certified" by the United States Green Building Council
5365 (USGBC).
5366 CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to sSubsection
5367 3.24.040A of this code or that employee's designee pursuant to sSection 3.24.050 of this code, or
5368 any successor to those sections.
5369 CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
5370 city council for use by any person or city department in order to construct an applicable building
5371 project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
5372 apply to the funds of the library or redevelopment agency.
5373 CITY ENGINEER: The city employee designated pursuant to sSection 2.08.080 of this code or
5374 that employee's designee pursuant to sSection 3.24.050 of this code, or any successor to those
5375 sections.
5376 LEED STANDARD: The leadership in energy and environmental design (LEED) green building
5377 rating system for new construction and major renovations (LEED-NC) as adopted in November
5378 2002 and revised in November 2005, the LEED green building rating system for commercial
5379 interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
5380 for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
5381 2004 and updated in July 2005.
5382 MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
5383 with new walls, ceilings, floors and systems, when such work affects more than twenty five
5384 percent (25%) of the building's square footage, and the affected space is at least ten thousand
5385 (10,000) square feet or larger.
5386 SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
149
LEGISLATIVE DRAFT
5387 SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
5388 described in sSection 18.95.110 of this chapter.
5389 TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for five
5390 (5) years or less or any existing building that at the time it was constructed was intended to be in
5391 existence for five (5) years or less.
5392 USGBC: The organization known as the United States green building council.
5393
5394 18.95.030: APPLICATION:
5395 Whenever city construction funds are used for an applicable building project, such project shall
5396 at a minimum obtain a silver certification by the USGBC in the case of a city owned building
5397 project or certified certification in the case of all other projects, subject to the exceptions,
5398 waivers, and determinations of substantial compliance provided for in this chapter.
5399
5400 18.95.040: EXCEPTIONS:
5401 The provisions of this chapter shall not apply if the building official and either the chief
5402 procurement officer or the city engineer jointly determine in writing that any of the following
5403 circumstances exist:
5404 A. The applicable building project will serve a specialized, limited function, such as
5405 a pump station, garage, storage building, equipment area, or other similar area, or a single-
5406 family residence;
5407 B. The applicable building project is intended to be a temporary structure;
5408 C. The useful life of the applicable building project does not justify whatever
5409 additional expense would be incurred to increase the building's long term efficiency;
5410 D. The application of LEED standard factors will increase construction costs beyond
5411 the funding capacity for the project, or will require that the project's scope of work or
5412 programmatic needs be diminished to meet budget constraints;
5413 E. The use of LEED standard factors will create an impediment to construction due
5414 to conflicts of laws, building code requirements, federal or state grant funding requirements, or
5415 other similar requirements;
5416 F. LEED factors are not reasonably attainable due to the nature of the facilities or the
5417 schedule for construction; or
5418 G. LEED certification will violate any other federal, state or local law, including,
5419 without limitation, other sections of this code.
5420 If an exception is granted, the developer must agree to integrate green building practices into the
5421 design and construction of the project to the maximum extent possible and feasible. A
5422 determination that an exception does not apply may be appealed in accordance with Chapter
150
LEGISLATIVE DRAFT
5423 18.12to the board. Such appeal must be submitted in writing to the board within thirty (30) days
5424 of the determination.
5425
5426 18.95.050: WAIVERS:
5427 The denial of an exception pursuant to sSection 18.95.040 of this chapter does not preclude an
5428 application for waiver pursuant to this section. The board shall have the authority to grant a
5429 waiver from the requirements of this chapter only if it makes the following findings in writing:
5430 A. Literal enforcement of this chapter would cause unreasonable hardship for the
5431 applicant that is not necessary to carry out the general purpose of this chapter;
5432 B. There are special circumstances attached to the project that do not generally apply
5433 to other projects that are subject to this chapter;
5434 C. The waiver would not have a substantially negative effect on the master plans,
5435 policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
5436 D. Any asserted economic hardship is not self-imposed; and
5437 E. The spirit of this chapter will be observed and substantial justice done.
5438
5439 18.95.060: APPEAL OF CITY DECISIONS:
5440 Appeals of decisions by the building official or enforcement officials pursuant to this chapter
5441 shall be taken in accordance with Chapter 18.12.Any private sector developer who is denied an
5442 exception, or a determination of substantial compliance, or who is assessed a penalty by the
5443 building official and either the chief procurement officer or the city engineer, may appeal such
5444 decision in writing to the board within thirty (30) days of the decision and shall state the basis to
5445 support the relief sought. The board shall review the circumstances of the appeal and shall issue
5446 a written determination of the receipt of the appeal within thirty (30) days consistent with the
5447 requirements of this section.
5448
5449 18.95.070: RESERVEDAPPEAL OF BOARD DECISIONS:
5450 Any private sector developer denied a waiver by the board or denied an exception, or
5451 determination of substantial compliance, or who has had financial penalties imposed on appeal to
5452 the board under this chapter may appeal such decision by the board in writing to the mayor or the
5453 mayor's designee within thirty (30) days of the decision and shall state the basis to support the
5454 relief sought. The mayor or the mayor's designee shall review the circumstances of the appeal
5455 and shall issue a written determination within thirty (30) days of the receipt of the appeal
5456 consistent with the requirements of this section.
5457
5458 18.95.080: REQUIRED DEPOSIT:
151
LEGISLATIVE DRAFT
5459 All private sector developers, excluding nonprofit developers, who receive city funds for
5460 applicable building projects shall submit a ten thousand dollar ($10,000.00) "good faith" deposit
5461 with the city which shall be refunded upon the building project receiving the applicable level of
5462 LEED certification or after a determination of substantial compliance.
5463
5464 18.95.090: PROOF OF REGISTRATION:
5465 Within thirty (30) days from receiving notice that the city will fund an applicable building
5466 project, all private sector developers shall submit written proof that said project is registered with
5467 the USGBC. City funds will not be dispersed until the required deposit under sSection 18.95.080
5468 of this chapter and the proof of registration under this section are received by the city.
5469
5470 18.95.100: REQUEST FOR EXTENSION:
5471 If a project is not LEED certified or has not been granted a determination of substantial
5472 compliance within one year after a temporary certificate of occupancy is issued by the city, then
5473 a private sector developer must file a written application with the city for an extension to obtain
5474 LEED certification. Said application must be filed with the city no later than three hundred
5475 ninety five (395) days after the date on which the certificate of occupancy was issued by the city.
5476 The city may grant a one year extension pursuant to this section and any additional extensions as
5477 may be necessary so long as a private sector developer is actively pursuing LEED certification.
5478 Extensions pursuant to this section shall begin on the date granted by the city.
5479
5480 18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
5481 Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
5482 certification stated therein. If certification is not received from the USGBC or is not at the level
5483 required by this chapter, a private sector developer may request that the city issue a
5484 determination that the project has substantially complied with this chapter upon a reasonable
5485 demonstration that such project as constructed is consistent with the intent of this chapter and
5486 that strict enforcement of this chapter would create an unreasonable burden in light of the needs
5487 of such project, the ability of the project owner to control cost increases, and other relevant
5488 circumstances. The request for determination of substantial compliance must contain the
5489 following information:
5490 A. Final LEED certification application, documentation, and response from the
5491 USGBC;
5492 B. An explanation of the efforts and accomplishments made by the private sector
5493 developer to achieve compliance with this chapter;
5494 C. An explanation of the practical or economic infeasibility of implementing certain
5495 high performance building design or construction techniques that, if implemented, would
5496 otherwise have likely resulted in certification; and
152
LEGISLATIVE DRAFT
5497 D. Any other supporting documents the private sector developer wishes to submit.
5498
5499 18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
5500 The building official and either the chief procurement officer or the city engineer shall review
5501 within sixty (60) days of receipt of a request for determination of substantial compliance and
5502 shall approve or deny the request based on the good faith efforts of the private sector developer
5503 to comply with this chapter. In making a determination of the good faith efforts, review of the
5504 request shall include whether the private sector developer has established the following:
5505 A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
5506 were taken; and
5507 B. That compliance would otherwise have been obtained but for the practical or
5508 economic infeasibility of implementing high performance building design or construction
5509 techniques.
5510 In making any such determination, cost increases due solely to aesthetic elements shall not
5511 constitute any part of a demonstration of unreasonable burden. A determination of substantial
5512 compliance pursuant to this section shall satisfy sSection 18.95.030 of this chapter.
5513 If the request for determination of substantial compliance is denied, the private sector developer
5514 will be deemed to have not satisfied sSection 18.95.030 of this chapter and shall forfeit the "good
5515 faith" deposit under sSection 18.95.080 of this chapter and may be assessed an additional penalty
5516 up to the amount originally funded by the city. Any penalty assessed shall be offset by the "good
5517 faith" deposit.
5518
5519 18.95.130: PENALTY:
5520 Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
5521 pursuant to sSection 18.95.100 of this chapter, or c) receive a determination of substantial
5522 compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
5523 to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
5524 design credits. Given that a total of twenty six (26) LEED design credits are required for
5525 certification, the additional penalty shall be based on the following considerations:
5526 A. If the city determines that a project could have reasonably received 21-25 LEED
5527 credits, then the private sector developer shall pay the city up to twenty five percent (25%) of the
5528 amount originally funded.
5529 B. If the city determines that a project could have reasonably received 16-20 LEED
5530 credits, then the private sector developer shall pay the city up to fifty percent (50%) of the
5531 amount originally funded.
5532 C. If the city determines that a project could have reasonably received 6-15 LEED
5533 credits, then the private sector developer shall pay the city up to seventy five percent (75%) of
5534 the amount originally funded.
153
LEGISLATIVE DRAFT
5535 D. If the city determines that a project could have reasonably received 0-5 LEED
5536 credits, then the private sector developer shall pay the city up to one hundred percent (100%) of
5537 the amount originally funded.
5538 Failure to pay a penalty within ninety (90) days of written notice from the city shall result in a
5539 lien against the project.
5540
5541 18.95.140: RULE MAKING AUTHORIZATION:
5542 The building official and either the chief procurement officer or the city engineer are authorized
5543 to issue administrative rules under this chapter.
5544
5545 18.95.150: ADMINISTRATIVE INTERPRETATIONS:
5546 Pursuant to the authority granted under sSubsection 18.0850.040KB of this title, the building
5547 official may render interpretations of this chapter. Such interpretations shall conform with the
5548 intent and purpose of this chapter, and shall be made available in writing for public inspection
5549 upon request.
5550
5551 18.95.160: LIMITATIONS:
5552 Nothing required under this chapter shall supersede any federal, state or local law, including,
5553 without limitation, other provisions of this code; or any contract, grant, or other funding
5554 requirement; or other standards or restrictions that may otherwise apply to an applicable building
5555 project. This chapter shall not apply whenever its application would disadvantage the city in
5556 obtaining federal funds.
5557
5558 SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
5559 18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
5560 amended as follows:
5561
5562 CHAPTER 18.96
5563 FIT PREMISES
5564
5565 18.96.010: TITLE:
5566 This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
154
LEGISLATIVE DRAFT
5567
5568 18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
5569 The following arrangements are not governed by this chapter:
5570 A. Residence at a detention, medical, geriatric, educational, counseling, or religious
5571 institution;
5572 B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
5573 purchaser;
5574 C. Occupancy by a member of a fraternal or social organization in a building
5575 operated for the benefit of the organization;
5576 D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
5577 59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
5578 "SRO" means an existing housing unit with one combined sleeping and living room of at least
5579 seventy (70) square feet, but of not more than two hundred twenty (220) square feet, where the
5580 usual tenancy or occupancy of the same unit by the same person or persons is for a period of
5581 longer than one week. Such units may include a kitchen and a private bath; and
5582 E. Occupancy by an owner of a condominium unit.
5583
5584 18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
5585 A. A property owner, or any person authorized to enter into an oral or written rental
5586 agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
5587 commencement of the tenancy the name, address and telephone number of:
5588 1. The owner or person authorized to manage the premises; and
5589 2. A local person authorized to act for and on behalf of the owner for the
5590 purpose of receiving notices and demands, and performing the property owner's
5591 obligations under this chapter and the rental agreement if the owner or manager reside
5592 outside of Salt Lake City.
5593 B. A person who enters into a rental agreement as “landlord”, “property manager” or
5594 the like, and fails to comply with the requirements of this section becomes an agent of the
5595 property owner for the purposes of:
5596 1. Receipt of notices under this chapter; and
5597 2. Performing the obligations of the property owner under this chapter and
5598 under the rental agreement.
5599 C. The information required to be furnished by this section shall be kept current.
5600 This section is enforceable against any successor property owner, owner, or manager.
155
LEGISLATIVE DRAFT
5601 D. Every rental property with more than one unit rented without a written agreement
5602 shall have a notice posted in a conspicuous place with the name, address and telephone number
5603 of the owner or manager and local agent as required by subsection A of this section.
5604
5605 18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
5606 A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
5607 condition of the premises, a list of all appliances and furnishings and a summary of this chapter
5608 shall be given to each tenant at the time the rental agreement is entered into. The summary shall
5609 be prepared by the city for the purpose of fairly setting forth the material provisions of this
5610 chapter and shall include information about mediation resources in the Salt Lake City area and
5611 shall encourage property owners and tenants to take advantage of mediation services. The
5612 property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
5613 documents have been provided to the tenant. Such acknowledgment shall be returned to the
5614 property owner no later than three (3) days after the tenant takes possession of the dwelling unit.
5615 Before entering into a rental agreement, the property owner shall disclose to the tenant any
5616 current notice by a utility provider to terminate water, gas, electrical or other utility service to the
5617 dwelling unit or to common areas of the building, the proposed date of termination, and any
5618 current uncorrected building or health code violation included in a deficiency list or notice from
5619 the Salt Lake City building and housing servicesdivision or any other government entity.
5620 B. By explicit written agreement, a property owner and a tenant may establish a
5621 procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
5622 and deducts the cost of the repairs from the rent due and owing.
5623 C. A property owner may allocate any duties to the tenant by explicit written
5624 agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
5625
5626 18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
5627 DWELLING UNIT:
5628 A property owner shall:
5629 A. Comply with the requirements of applicable building, housing and health codes
5630 and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
5631 occupancy;
5632 B. Maintain the structural integrity of the building;
5633 C. Maintain floors in compliance with safe load bearing requirements;
5634 D. Provide exits, emergency egress, and light and ventilation in compliance with
5635 applicable codes;
5636 E. Maintain stairways, porches, walkways and fire escapes in sound condition;
5637 F. Provide smoke detectors and fire extinguisher as required by code;
156
LEGISLATIVE DRAFT
5638 G. Provide operable sinks, toilets, tubs and/or showers;
5639 H. Provide heating facilities as required by code;
5640 I. Provide kitchen facilities as required;
5641 J. Provide running water;
5642 K. Provide adequate hall and stairway lighting;
5643 L. Maintain floors, walls and ceilings in good condition;
5644 M. Supply window screens where required by code;
5645 N. Maintain foundation, masonry, chimneys, water heater and furnace in good
5646 working condition;
5647 O. Prevent the accumulation of stagnant water in the interior of any premises;
5648 P. Maintain in good and safe working order and condition all electrical, plumbing,
5649 sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
5650 property owner as required by applicable codes;
5651 Q. Provide and maintain appropriate garbage receptacles and arrange for timely
5652 garbage removal as required by code;
5653 R. Supply electricity, and hot water at all times and heat during at least the months of
5654 October through April and as weather conditions might otherwise reasonably warrant, except
5655 where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
5656 control of the tenant and supplied by a direct public utility connection;
5657 S. Once proof of pest infestation has been established, be responsible for initiation of
5658 pest control measures. In no instance shall a property owner be required to apply pesticides
5659 contrary to label directions;
5660 T. Not interrupt or disconnect utility service;
5661 U. Provide adequate locks to exterior doors and furnish keys to tenants as required
5662 by applicable codes;
5663 V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
5664 as required by the building and housing and Utah state energy conservation codes;
5665 W. Provide for and protect each tenant's peaceful enjoyment of the premises;
5666 X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
5667 dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
5668 premises;
5669 Y. Provide a mailbox; and
5670 Z. Provide separate meters for each tenant for gas and electricity or include charges
5671 for utility services in the rent.
157
LEGISLATIVE DRAFT
5672
5673 18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
5674 A tenant shall:
5675 A. Comply with all appropriate requirements of the rental agreement and applicable
5676 provisions of building, housing and health codes;
5677 B. Maintain the premises occupied in a clean and safe condition and not
5678 unreasonably burden any common area;
5679 C. Dispose of all garbage and other waste in a clean and safe manner and avoid
5680 leaving garbage or litter in hallways, porches, patios and other common areas;
5681 D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
5682 avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
5683 E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
5684 in a reasonable manner;
5685 F. Not destroy, deface, damage, impair or remove any part of the premises or
5686 knowingly permit any person to do so;
5687 G. Promptly inform the property owner of any defective conditions or problems at
5688 the premises;
5689 H. Not interfere with the peaceful enjoyment of the residential rental unit of another
5690 renter;
5691 I. Upon vacation, restore the premises to their initial condition except for reasonable
5692 wear and tear or conditions caused by the property owner;
5693 J. Be current on all payments required by the rental agreement and this chapter;
5694 K. Not increase the number of occupants above that specified in the rental agreement
5695 without written permission of the owners;
5696 L. Not modify or paint the premises without the express written permission of the
5697 property owner/agent;
5698 M. Dispose of oil, car batteries, and other hazardous waste materials away from the
5699 rental premises, and in a manner prescribed by federal and local laws; and
5700 N. Not require the owner to correct or remedy any condition caused by the renter, the
5701 renter's family or the renter's guests or invites by inappropriate use of the property during the
5702 rental term or any extension of it.
5703
5704 18.96.070: RULES AND REGULATIONS:
158
LEGISLATIVE DRAFT
5705 A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
5706 the premises which become a part of the rental agreement if they apply to all tenants in the
5707 premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
5708 ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
5709 Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
5710 tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
5711 modified from time to time by the property owner. However, no rule adopted after the
5712 commencement of any rental agreement shall substantially modify the existing terms, conditions
5713 or rules without written consent of the tenant.
5714
5715 18.96.080: ACCESS:
5716 A. A tenant shall not unreasonably withhold consent to the property owner to enter
5717 into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
5718 improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
5719 B. A property owner may enter the dwelling unit without consent of the tenant in
5720 case of emergency.
5721 C. Except in case of emergency the property owner shall give the tenant at least
5722 twenty four (24) hours' notice of plans to enter and may enter only between eight o'clock (8:00)
5723 A.M. and ten o'clock (10:00) P.M.
5724 D. A property owner has no other right of access except:
5725 1. Pursuant to court order;
5726 2. To make repairs requested by the tenant pursuant to sSections 18.96.110
5727 and 18.96.120 of this chapter;
5728 3. To make repairs ordered by the division pursuant to this title; or
5729 4.3. If the tenant has abandoned the premises as defined in sSection 78B-36-
5730 81412(3), Utah Code Annotated, or any successor provision.
5731
5732 18.96.090: RESERVEDPROPERTY OWNER AND TENANT REMEDIES FOR ABUSE
5733 OF ACCESS:
5734 A. If the tenant refuses to allow lawful access, the property owner may obtain
5735 injunctive relief to compel access, or terminate the rental agreement and commence an eviction
5736 action. In either case, the property owner may recover actual damages and reasonable attorney
5737 fees.
5738 B. If the property owner makes an unlawful entry or makes repeated demands for
5739 entry which harass the tenant, the tenant may obtain injunctive relief to prevent the recurrence of
5740 the conduct or terminate the rental agreement and vacate the premises. In either case, the tenant
159
LEGISLATIVE DRAFT
5741 may recover the lesser of the actual damages or damages equal to one month's rent and
5742 reasonable attorney fees.
5743
5744 18.96.100: RESERVEDFAILURE TO DELIVER POSSESSION:
5745 If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in
5746 the rental agreement, rent abates until possession is delivered. Alternatively, the tenant may
5747 terminate the rental agreement by written notice to the property owner and recover all prepaid
5748 rent and security deposits and actual damages.
5749
5750 18.96.110: REPAIR OF SPECIFIED FAILURES:
5751 In the event of the failures specified below, which are not due to the unavailability of utility
5752 service, the property owner shall take reasonable steps to begin repairing the failures
5753 promptlywithin the following specified time periods after receipt of written notice of the failure
5754 delivered in accordance with Section 18.50.100to the person identified in subsection
5755 18.96.030A2 of this chapter, and shall remedy such failurecomplete the repairs within the period
5756 set forth in the notice and order issued by the inspector reasonable diligence:
A.Inoperable toilet 24
hours
B.Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
48
hours
C.Inoperable refrigerator or cooking range or stove 48
hours
D.Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
24
hours
E.Inoperable electric fixture 72
hours
F.Broken exterior door or inoperable or missing exterior door lock 48
hours
G.Broken window with missing glass 96
hours
H.Inoperable exterior lighting 96
hours
I.Broken stair or balustrade 24
hours
J.Inoperable or missing smoke detector required by code 24
hours
K.Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
24
hours5757
160
LEGISLATIVE DRAFT
L.Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
96
hours
M.Broken or leaking water pipes causing an imminent threat to life, safety or
health
24
hours
N.Other broken or leaking water pipes 72
hours
O.Disconnection of electrical, water or natural gas service caused by property
owner
24
hours
5757
5758 The division shall establish repair period standards based on the severity of the failures identified
5759 above. The tenant shall grant the property owner reasonable access to perform the repairs
5760 required in this section.
5761
5762 18.96.120: VIOLATIONSTENANT REPAIR AND DEDUCT:
5763 Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.If the
5764 property owner fails to begin making the repairs required by section 18.96.110 of this chapter,
5765 within the specified times, and the tenant is current on all rent and other payments to the property
5766 owner, the tenant may cause the repairs to be made subject to the following provisions:
5767 A. Critical Repairs: If the repairs involve an inoperable toilet, lack of heat during a
5768 period for which heat is required, broken or leaking water pipes posing an immediate threat to
5769 life, safety or health or a complete lack of running water or disconnected gas, electric or water
5770 service, the tenant may, upon the expiration of the notice period specified in section 18.96.110 of
5771 this chapter, cause the necessary repairs to be made.
5772 1. In making such repairs the tenant must use a licensed contractor if such a
5773 licensed contractor is required by applicable building or housing codes.
5774 2. If a licensed contractor is required for the work, the tenant shall make
5775 reasonable efforts to obtain two (2) bids for the work and, if bids are obtained, shall
5776 contract for the work to be done by the lowest bidder.
5777 B. Noncritical Repairs: If the required repairs are not critical repairs subject to the
5778 provisions of subsection A of this section, the tenant, after the expiration of the notice time
5779 required by section 18.96.110 of this chapter, shall give the property owner or property owner's
5780 agent identified in section 18.96.030 of this chapter a second written notice of intent to repair and
5781 deduct. This second notice shall be either delivered and served personally upon the property
5782 owner or agent or sent by both certified and regular mail.
5783 1. The second notice shall state the nature of the problem, the date the tenant
5784 sent the first notice required by section 18.96.110 of this chapter, and the intention of the
161
LEGISLATIVE DRAFT
5785 tenant to cause the repairs to be done and to deduct the cost from the rent if the property
5786 owner does not make the repairs.
5787 2. The property owner shall begin making the required repairs within forty
5788 eight (48) hours after the hand delivery of the second notice or by the end of the second
5789 calendar day after the date of mailing of the second notice and complete the repairs with
5790 reasonable diligence.
5791 3. If the property owner has not begun the required repairs within the time
5792 specified in subsection B2 of this section, the tenant may cause the repairs to be made.
5793 4. In making such repairs the tenant must use a licensed contractor if such a
5794 licensed contractor is required by applicable building or housing codes.
5795 5. If a licensed contractor is required for the work, the tenant shall make
5796 reasonable efforts to obtain two (2) bids for the work, and, if bids are obtained, shall
5797 contract for the work with the low bidder.
5798 6. If a licensed contractor is not required for the work, the tenant may do the
5799 work on his or her own or contract for the work to be done at a reasonable cost.
5800 C. Deductible Amount: For any repairs made pursuant to this section, the tenant may
5801 deduct from future rent the actual and reasonable cost of the repairs performed up to a maximum
5802 deduction of four hundred dollars ($400.00); provided however, tenant shall furnish all original
5803 paid receipts to the property owner.
5804 D. Nontermination: The property owner may not terminate the tenant's tenancy for
5805 the tenant's deduction of rent for repairs made pursuant to this section nor may the property
5806 owner terminate the tenancy until the tenant's costs, not to exceed four hundred dollars
5807 ($400.00), for repairs made under this section have been offset by deducted rent.
5808 E. Tenant Caused Damages: The repair and deduct provisions of this section shall
5809 not be applicable to any damages caused or repairs necessitated by actions of the tenant or the
5810 tenant's invited guests or other occupants of the dwelling unit.
5811
5812 18.96.130: RETALIATORY CONDUCT PROHIBITED:
5813 A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
5814 property owner may not terminate a rental agreement or bring or threaten to bring an eviction
5815 action because the tenant has in good faith:
5816 1. Complained of code violations at the premises to a governmental agency,
5817 elected representative or public official charged with responsibility for enforcement of a
5818 building, housing, health or similar code;
5819 2. Complained of a building, housing, health or similar code violation or an
5820 illegal property owner practice to a community organization or the news media;
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LEGISLATIVE DRAFT
5821 3. Sought the assistance of a community organization or the news media to
5822 remedy code violation or illegal property owner practice;
5823 4. Requested the property owner to make repairs to the premises as required
5824 by this chapter, a building or health code, other regulation, or the residential rental
5825 agreement;
5826 5. Become a member of a tenants' union or similar organization;
5827 6. Testified in any court or administrative proceeding concerning the
5828 condition of the premises; or
5829 7. Exercised any right or remedy provided by law.
5830
5831 SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
5832 21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
5833 follows:
5834 21A.20.010: RESERVEDDEFINED TERMS:
5835 In this chapter, the words, terms, phrases and their derivatives shall have the meanings as stated
5836 and defined in this chapter.
5837 CITATION DEADLINE: The date identified in the second notice of violation described in
5838 subsection 21A.20.030E of this chapter.
5839 CIVIL ENFORCEMENT OFFICER: An employee of Salt Lake City's Division of Building
5840 Services, or of the successor Salt Lake City division authorized to perform civil enforcement
5841 functions, or any duly authorized agent, representative or designee.
5842 DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
5843 division authorized to perform civil enforcement functions.
5844 FIRST NOTICE: The initial notice informing the person cited that a zoning violation exists.
5845 NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has
5846 been cured.
5847 PERSON CITED: The property owner, property owner's agent, tenant or occupant of any
5848 building or land or part thereof and any architect, builder, contractor, agent or other person who
5849 participates in, assists, directs or creates any situation that is contrary to the requirements of this
5850 title, and who received the notice of violation and is being held responsible for the violation.
5851 PROPERTY OWNER: Any person who, alone or jointly or severally with others, holds legal
5852 title to the property at issue.
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LEGISLATIVE DRAFT
5853 SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin
5854 to accrue if the zoning violation is not corrected.
5855
5856 21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
5857 A Ccivil Eenforcement Oofficer may investigate any complaint alleging a violation of this title
5858 and take such action as is warranted in accordance with the procedures set forth in this chapter.
5859
5860 21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
5861 A. If the Ccivil Eenforcement Oofficer finds that any provision of this title is being
5862 violated, the Ccivil Eenforcement Oofficer may provide a written warning notice to the property
5863 owner and any other person determined to be responsible for such violation. The written notice
5864 shall indicate the nature of the violation and order the action necessary to correct it. Additional
5865 written notices may be provided at the Ccivil Eenforcement Oofficer's discretion.
5866 B. The written warning notice shall state what action the building services division
5867 intends to take if the violation is not corrected. The written notice shall include information
5868 regarding the established warning period for the indicated violations and shall serve to start any
5869 warning periods provided in this chapter.
5870 C. Such written warning notice issued by the Ccivil Eenforcement Oofficer, if
5871 issued, shall be deemed sufficient and complete delivered when:
5872 1. A copy of the written notice is posted on the property where said violation(s)
5873 occur, and
5874 2. The written notice is either:
5875 a. Mailed certified mail or using any reputable mail tracking service that is
5876 capable of confirming delivery commercial courier service to the property owner at the
5877 last known address appearing on the records of the Salt Lake County Recorder and any
5878 other person determined to be responsible for such violation, at their last known address,
5879 or
5880 b. Personally served upon the property owner and any other person
5881 determined to be responsible for such violation.
5882 D. In cases when delay in enforcement would seriously threaten the effective
5883 enforcement of this title, or pose a danger to the public health, safety or welfare, the Ccivil
5884 Eenforcement Oofficer may seek enforcement without issuing a warning notice and may proceed
5885 directly to issuing a notice and order as set forth in Subpart Eprior written notice by invoking any
5886 of the civil fines or remedies authorized in section 21A.20.060 of this chapter.
5887 E. Upon discovery of a violation of this title, or iIf the violation remains
5888 uncorrecteduncured within five (5) business days of theafter expiration of the warning period set
5889 forth in the warning notice, if issued, described in subsections A through C of this section, a
164
LEGISLATIVE DRAFT
5890 second notice of violation shall be delivered by mailing, postage prepaid, addressed to the person
5891 cited at the last known address appearing on the records of the County Recorder. The second
5892 notice shall identify the citation deadline and state that the civil fines set forth in section
5893 21A.20.040 of this chapter will begin to accrue if the violations are not remedied by that date. the
5894 civil enforcement officer may issue a notice and order.
5895 1. The written notice and order shall state:
5896 a. The name and address, if known, of the responsible party;
5897 b. The date and location of each violation;
5898 c. The code sections violated;
5899 d. That the violations must be corrected;
5900 e. Provide a specific date by which the enforcement official orders
5901 that the violations be corrected by;
5902 f. The amount of the civil fine to accrue for each violation, or other
5903 enforcement action that the enforcement official intends to pursue, if the violation
5904 is not corrected by the date specified;
5905 g. Identification of the right to and procedure to appeal; and
5906 h. The signature of the enforcement official.
5907
5908 2. The enforcement official shall serve the notice and order on the
5909 responsible party by:
5910 a. Posting a copy of the written notice and order on the noncompliant
5911 property, and
5912 b. By mailing the notice and order through certified mail or reputable
5913 mail tracking service that is capable of confirming delivery. If the responsible
5914 party is the property owner of record, then mailing shall be to the last known
5915 address appearing on the records of the Salt Lake County Recorder. If the
5916 responsible party is any other person or entity other than the owner of record, then
5917 mailing shall be to the last known address of the responsible party on file with the
5918 city.
5919 c. Notwithstanding the foregoing, personal service upon the
5920 responsible party shall be sufficient to meet the notice and order service
5921 requirements of this Subsection 21A.20.030.E.2.b.
5922
5923 F. Following the issuance of a notice and order, any responsible party shall correct
5924 the violations specified in the notice and order. Upon correction of the violations specified in the
5925 notice and order, the responsible party shall contact the enforcement official identified in the
5926 notice and order to request an inspection of the property.
5927
5928 G. If one or more violations are not corrected by the deadline specified in the notice
5929 and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
5930 civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
5931 stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
5932 to Subsection E.
165
LEGISLATIVE DRAFT
5933
5934 H. The responsible party shall have the right to contest the notice and order at an
5935 administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
5936 administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
5937 consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
5938 right to appeal.
5939
5940 I. Upon expiration of the citation period set forth in a notice and order, and where
5941 the violation(s) remain uncorrected, the city may record on the noncompliant property with the
5942 Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
5943 noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
5944 merely place interested parties on notice of any continuing violation of this title at the
5945 noncompliant property. If a notice of noncompliance has been recorded and the enforcement
5946 official later determines that all violations identified in the notice of noncompliance have been
5947 corrected, the enforcement official shall issue a notice of compliance by recording the notice of
5948 compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
5949 notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
5950
5951 J. If the city files an action for injunctive relief seeking abatement of one or more
5952 violations and the district court authorizes the abatement of one or more violations and the city
5953 incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
5954 and may be considered an encumbrance on the property.
5955
5956 21A.20.040: CIVIL FINES:
5957 A. General: If the violations are not corrected by the citation deadline, civil fines shall
5958 accrue at twenty five dollars ($25.00) $50 a day per violation for those properties legally
5959 used for purposes that are solely residential uses, and one hundred dollars ($2100.00) a
5960 day per violation for those properties used for purposes that are not residential uses. Fines
5961 for violations pertaining to use of a dwelling unit shall be per dwelling unit.
5962 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
5963 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
5964 per day per violation. If the violation(s) include renting an affordable rental unit in excess
5965 of the approved rental rate then an additional monthly fine shall accrue that is the
5966 difference between the market rate of the unit and the approved rental rate that is agreed
5967 to by the applicant at the time of approval for a project using the incentives.
5968 C. Failure to obtain certificate of appropriateness per 21A.34.020: For development or any
5969 building activity on properties subject to Section 21A.34.020 without a certificate of
5970 appropriateness, if such violation is not corrected by the citation deadline, civil fines shall
5971 accrue at $50 per day, except that the fine shall be $250 per day for full or partial
5972 demolition of a contributing structure without a certificate of appropriateness and $500
5973 per day for full or partial demolition of a landmark site without a certificate of
5974 appropriateness.
5975
166
LEGISLATIVE DRAFT
5976 21A.20.050: DAILY VIOLATIONS:
5977 Each day a violation continues after the citation deadline shall be considered a separate offense
5978 and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
5979 obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
5980
5981 21A.20.060: COMPLIANCE:
5982 The Ccity may use such lawful means as are available to obtain compliance with the provisions
5983 of this title and to collect the civil fines that accrue as a result of the violation of the provisions of
5984 this title, including a legal action to obtain one or more of the following: an injunction, an order
5985 of mandamus, an order requiring the property owner or occupant to abate the violations, an order
5986 permitting the Ccity to enter the property to abate the violations, and a judgment in the amount of
5987 the civil fines accrued for the violation, including costs and attorney fees. The city has sole
5988 discretion over which remedy or combination of remedies it may choose to pursue.
5989 Violations of the provisions of this title or failure to comply with any of its requirements are
5990 punishable as a Class BC misdemeanor upon conviction.
5991
5992 21A.20.070: RECURRING VIOLATIONS:
5993 In the case where a violation, which had been corrected, reoccurs at the same property within six
5994 (6) months of the initial correction and is due to the actions or inactions of the same person or
5995 property owner as the prior violation(s), the building services division may begin enforcement of
5996 said recurring violation by sending by certified mail or reputable mail tracking service that is
5997 capable of confirming delivery a Nnotice and Oorder in the form described in sSubsection
5998 21A.20.030.EB of this chapter. Civil fines set forth in sSection 21A.020.040 of this chapter will
5999 begin accruing, if the violation is not remedied within ten (10) calendar days of the citation
6000 deadline contained in that notice.
6001
6002 21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
6003 A. Powers Aand Duties Oof Fines Hearing Officer: The Ffines Hhearing Oofficer,
6004 appointed pursuant to sSection 21A.06.090 of this title, may hear and decide appeals of civil
6005 fines imposed pursuant to this chapter. As set forth in this section, the Ffines Hhearing Oofficer
6006 may reduce civil fines and approve civil fine payment schedules.
6007 B. Right Tto Appear: Any person receiving a notice of violation may appear before a
6008 Ffines Hhearing Oofficer to appeal the amount of the civil fine imposed by submitting a civil
6009 fine appeal on a form provided by the building services division. However, no party may appear
6010 before a Ffines Hhearing Oofficer until violations from which the civil fines stemmedidentified
6011 have been corrected and a notice of compliance has been issued. Appeals to a Ffines Hhearing
6012 Oofficer contesting the amount of the civil fine imposed, must be filed within thirty (30) days
6013 from the date of the notice of compliance.
167
LEGISLATIVE DRAFT
6014 C. Responsibility: Commencement of any action to remove or reduce civil fines shall
6015 not relieve the responsibility of any person cited to correctcure the violation or make payment of
6016 subsequently accrued civil fines nor shall it require the Ccity to reissue any of the notices
6017 required by this chapter.
6018 D. Reduction Oof Civil Fine: Civil fines may be reduced at the discretion of the
6019 Ffines Hhearing Oofficer after the violation is correctedcured from which the civil fines
6020 stemmed and if any of the following conditions exist:
6021 1. The violation pertains to landscaping, in which case the time for payment
6022 and correction of landscaping violations may be abated from October 15 through the next
6023 April 1, or such other times as caused by weather conditions adverse to successful
6024 landscaping;
6025 2. Strict compliance with the notice and order would have caused an
6026 imminent and irreparable injury to persons or property;
6027 3. The violation and inability to curecorrect the same were both caused by a
6028 force majeure event such as war, act of nature, strike or civil disturbance;
6029 4. A change in the actual ownership of the property was recorded with the
6030 Salt Lake County Recorder's Office after the first or second notice was issued and the
6031 new property owner is not related by blood, marriage or common ownership to the prior
6032 owner; or
6033 5. Such other mitigating circumstances as determined by the Ffines Hhearing
6034 Oofficer.
6035 E. Payment Schedule: At the request of a person subject to civil fines governed by
6036 this chapter, the Ffines Hhearing Oofficer may approve a payment schedule for the delayed or
6037 periodic payment of the applicable civil fine to accommodate the person's unique circumstances
6038 or ability to pay.
6039 F. Failure Tto Submit Payment Oon Payment Schedule: If a payment schedule has
6040 been developed by the Ffines Hhearing Oofficer, the failure by a person owing civil fines to
6041 submit any two (2) payments as scheduled shall cause the entire amount of the original civil fine
6042 to become immediately due.
6043
6044 21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
6045 A. If the Ccity obtains a court order permitting entry on the property for the purpose
6046 of abating zoning violations, the building services division shall provide written notice of that
6047 order to the property owner of record at the address on file with the Salt Lake County Recorder.
6048 B. The notice shall: 1) identify the property owner of record according to the records
6049 of the Salt Lake County Recorder, 2) describe the property and the violations the court order
6050 permits the building services division to enter the property to abate, 3) attach a copy of the court
6051 order, and (4) inform the property owner when the abatement is scheduled to occur, and 4)
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LEGISLATIVE DRAFT
6052 provide the property owner thirty (30) days from the date the notice is served to abate the
6053 violations the court order permits the division to enter the property to abate.
6054 C. Notice may be delivered in person, or by certified mail, or by reputable mail
6055 tracking service that is capable of confirming delivery commercial courier service, if mailed to
6056 the last known address of the property owner according to the records of the Salt Lake County
6057 Recorder.
6058 D. If the zoning violations are not corrected by the property owner within thirty (30)
6059 days of the date the notice is served, then the division may employ any necessary assistance to
6060 enter the property and abate the zoning violations, as permitted by the court order.
6061
6062 21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
6063 A. If the building services division or an agent thereof the division enters a property
6064 to abate a violation pursuant to a court order, as set forth in sSection 21A.20.090 of this chapter,
6065 the building services division may collect the cost of that abatement, by filing a Pproperty Ttax
6066 lien, as set forth in this section.
6067 B. Upon completion of abatement work, the building services division shall prepare
6068 an itemized statement of costs and mail it to the property owner by certified mail or by any
6069 reputable mail tracking service that is capable of confirming delivery, demanding payment
6070 within thirty (30) days of the date the statement is post marked.
6071 C. The itemized statement of costs shall:
6072 1. Include:
6073 a. The address of the property at issue;
6074 b. An itemized list of all expenses incurred by the building services
6075 division, including administrative costs;
6076 c. A demand for payment; and
6077 d. The address where payment is to be made;
6078 2. Notify the property owner:
6079 a. That failure to timely pay the expenses described in the itemized
6080 statement may result in a lien on the property in accordance with this chapter and
6081 Utah Code section 10-11-4 or its successor;
6082 b. That the property owner may file a written objection to all or part
6083 of the statement within twenty (20) days of the date the statement is postmarked;
6084 and
6085 c. Where the property owner may file the objection, including the
6086 name of the office and the mailing address.
169
LEGISLATIVE DRAFT
6087 D. The itemized statement of costs described in subsection C of this section shall be
6088 deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
6089 capable of confirming delivery addressed to the last known address of the property owner,
6090 according to the records of the Salt Lake County Recorder.
6091 E. If the property owner files a timely objection, the building services division will
6092 schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
6093 Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
6094 the date, time, and location of the hearing.
6095 F. At the hearing described in subsection E of this section, a Ffines Hhearing
6096 Oofficer shall review and determine the actual cost of abatement incurred by the building
6097 services division in abating the property, including administrative costs. The property owner
6098 must pay any amount the Ffines Hhearing Oofficer determines is due and owing to the Salt Lake
6099 City Treasurer at the address provided in the statement of costs within thirty (30) days of the date
6100 of the hearing.
6101 G. If the property owner fails to make payment of the amount set forth in the
6102 itemized statement within thirty (30) days of the date of the mailing of that statement, or to file a
6103 timely objection, then the building services division may certify the past due costs and expenses
6104 to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code
6105 section 10-11-4 or its successor.
6106 H. If the property owner files a timely objection but fails to make payment of any
6107 amount found due and owing under subsection F of this section within thirty (30) days of the
6108 date of the hearing, the building services division may certify the past due costs and expense to
6109 the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section
6110 10-11-4.
6111 I. After entry by the Treasurer of the County, as set forth in subsections G and H of
6112 this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
6113 60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
6114 time of the payment of general taxes.
6115 J. Notwithstanding any other provision in this chapter to the contrary, where the
6116 property owner presents evidence demonstrating financial hardship to the satisfaction of the
6117 building services division, the building services division may waive some or all administrative
6118 fees and the actual costs incurred in abating the property if the property abated is the property
6119 owner's principal place of residence.
6120
6121 SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
6122 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
6123 hereby is amended as follows:
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LEGISLATIVE DRAFT
6124 a. Adding the definition of “CITATION DEADLINE.” That the definition of
6125 “CITATION DEADLINE” be added and inserted into the list of definitions in
6126 alphabetical order to read as follows:
6127 CITATION DEADLINE: the date identified in the notice and order to correct the
6128 violation(s) identified therein.
6129 b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
6130 of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
6131 definitions in alphabetical order to read as follows:
6132 CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
6133 Building Services, or successor division, authorized to perform civil enforcement
6134 functions, or any duly authorized agent, representative, or designee.
6135 c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
6136 “NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
6137 alphabetical order to read as follows:
6138 NOTICE OF COMPLIANCE: a written notice informing the person cited that the
6139 violation has been corrected.
6140 d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
6141 CITED” be added and inserted into the list of definitions in alphabetical order to read
6142 as follows:
6143 PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
6144 building or land or part thereof and any architect, builder, contractor, agent or other
6145 person who participates in, assists, directs or creates any situation that is contrary to the
6146 requirements of this title, and who received the notice of violation and is being held
6147 responsible for the violation.
6148 e. Adding the definition of “PROPERTY OWNER.” That the definition of
6149 “PROPERTY OWNER” be added and inserted into the list of definitions in
6150 alphabetical order to read as follows:
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LEGISLATIVE DRAFT
6151 PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
6152 legal title to the property at issue.
6153
6154 SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
6155 2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
6156 appeals board” therefrom as follows:
6157 2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
6158 For the purpose of this chapter the term "city board" or "board" means the following city boards,
6159 commissions, councils, and committees:
6160 Accessibility and disability commission
6161 Airport board
6162 Board of appeals and examiners
6163 Business advisory board
6164 Citizens' compensation advisory committee
6165 City and county building conservancy and use committee
6166 Community development and capital improvement programs advisory board
6167 Community recovery committee
6168 Fire code board of appeals
6169 Golf enterprise fund advisory board
6170 Historic landmark commission
6171 Housing advisory and appeals board
6172 Housing trust fund advisory board
6173 Human rights commission
6174 Library board
6175 Parks, natural lands, trails, and urban forestry advisory board
6176 Planning commission
6177 Public utilities advisory committee
6178 Racial equity in policing commission
172
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6179 Salt Lake art design board
6180 Salt Lake City arts council board
6181 Salt Lake City sister cities board
6182 Transportation advisory board
6183
6184 SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
6185 Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
6186 entirety as follows:
6187 2.21.010: GENERAL PROVISIONS:
6188 The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
6189 except as otherwise set forth in this chapter.
6190
6191 2.21.020: CREATION AND MEMBERSHIP:
6192 A. The city creates a housing advisory and appeals board ("HAAB").
6193 B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
6194 city in a manner providing balanced geographical, professional, neighborhood and
6195 community representation.
6196 C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
6197 office. The secretary of HAAB shall be designated by the building official.
6198 D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
6199 any one year. Expiration of terms shall be on December 31.
6200
6201 2.21.030: POWERS AND AUTHORITY:
6202 HAAB shall have the power and authority to:
6203 A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
6204 B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
6205 of this code;
6206 C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
6207 18.50 of this code, where strict compliance with the provisions is economically or
6208 structurally impracticable and any approved alternative substantially accomplishes the
6209 purpose and intent of the requirement deviated from;
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6210 D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
6211 E. Recommend new procedures to the building official and new ordinances regarding
6212 housing to the city council; and
6213 F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
6214
6215 2.21.040: HAAB PANELS:
6216 Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
6217 responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
6218 (5) voting members appointed by the chair.
6219
6220 SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
6221 2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
6222 be, and hereby is amended as follows:
6223 2.80.040: FUND CREATED:
6224
6225 There is created a restricted account within the general fund, to be designated as the "Salt Lake
6226 City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
6227 general fund, and the fund shall be used exclusively to assist with affordable and special
6228 needs housing in the city. No expenditures shall be made from the fund without approval of the
6229 city council.
6230 A. There shall be deposited into the fund all monies received by the city, regardless
6231 of source, which are dedicated to affordable housing and special needs housing including, but not
6232 limited to, the following:
6233 1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
6234 forfeitures, donations, redevelopment tax increment income, and all other monies
6235 dedicated to affordable and special needs housing received by the city from federal, state,
6236 or local governments;
6237 2. Real property contributed to or acquired by the city under other ordinances
6238 for the purposes of preserving, developing, or restoring affordable housing;
6239 3. Monies appropriated to the fund by the council; and
6240 4. Contributions made specifically for this purpose from other public or
6241 private sources.
6242 5. CDBG, ESG, and HOPWA monies only as designated by the city's
6243 community development advisory board and approved by the mayor and city
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LEGISLATIVE DRAFT
6244 council, and HOME monies only as designated by the city's housing trust fund advisory
6245 and appeals board and approved by the mayor and city council.
6246 B. The monies in the fund shall be invested by the city treasurer in accordance with
6247 the usual procedures for such special accounts. All interest or other earnings derived from fund
6248 monies shall be deposited in the fund.
6249
6250 SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
6251 Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
6252 Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
6253 2. Amount Oof Penalty: Civil penalties shall accrue as follows:
6254 a. Violations of the self-certification standards established by the City: Fifty
6255 dollars ($50.00) per violation per day. If more than ten (10) violations exist,
6256 the daily penalties shall double.
6257 b. Failure to obey an interpretation, decision or requirement of the Housing
6258 Advisory and Appeals Board: Twenty five dollars ($25.00) per violation per
6259 day.
6260
6261 SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
6262 Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
6263 Penalties: Appeals) shall be, and hereby is amended as follows:
6264 6. Appeals:
6265 a. Appeals Contesting Tthe Existence Oof Aa Violation:
6266 (1) Appeals contesting the existence of the violation must be done in
6267 accordance with Section 18.12.030filed with the Housing Advisory and
6268 Appeals Board pursuant to section 5.14.125 of this chapter within thirty
6269 (30) days from the date the original notice of violation was issued.
6270 b. Appeals Contesting Tthe Amount Oof Tthe Penalties Imposed: any person
6271 receiving a notice of violation may appeal the civil fines imposed, but not the
6272 basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
6273 accordance with Section 18.12.050.
6274 (1) The Mayor, or his/her designee, shall appoint such Hearing Officer as the
6275 Mayor, or his/her designee, deems appropriate to consider matters relating
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6276 to the violation of this chapter. The Hearing Officer shall have the
6277 authority to hear evidence, reduce or eliminate penalty amounts, and to
6278 make such equitable adjustments as he/she deems appropriate.
6279 (2) Any person receiving a notice of violation may appear before a Hearing
6280 Officer to appeal the amount of the penalty imposed. However, no party
6281 may appear before a Hearing Officer until violations identified have been
6282 corrected and a notice of compliance has been issued.
6283 (3) The Hearing Officer shall maintain complete and permanent records of all
6284 inspections and decisions.
6285 (4) The burden to prove any defense shall be upon the person raising such
6286 defense.
6287 (5) Commencement of any action to remove or reduce penalties shall not
6288 relieve the responsibility of any person cited to make payment of
6289 subsequently accrued civil penalties nor shall it require the City to reissue
6290 any of the notices required by this chapter.
6291 (6) The Hearing Officer may adjust, reduce or eliminate penalties or create
6292 payment plans relating to penalties accrued by the person cited. In the
6293 administration of this duty, the Hearing Officer may reduce or eliminate
6294 penalties based upon any circumstance or other equitable consideration the
6295 Hearing Officer finds to be applicable. In cases where the administrative
6296 process has not been followed by the division, the Hearing Officer has the
6297 authority to reduce or eliminate penalties.
6298 (7) Payment plans may be created by the Hearing Officer. Although the
6299 Hearing Officer has the ultimate authority in establishing the payment
6300 schedule, the minimum payment schedule provided by the Department of
6301 Community and Neighborhoods should be followed. Once a payment
6302 schedule has been developed by the Hearing Officer, and agreed to by the
6303 person cited, failure to submit any two (2) payments as scheduled will
6304 require payment of the entire amount of the original penalty immediately.
6305
6306 SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
6307 the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
6308 be, and hereby is repealed in its entirety as follows:
6309 5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
6310 DETAILS:
6311 A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
6312 building official. The appellant shall state the specific order or action protested and a statement
176
LEGISLATIVE DRAFT
6313 of the relief sought, along with the reasons why the order or action should be reversed, modified
6314 or otherwise set aside.
6315 B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
6316 provisions of this section shall constitute a waiver of the person's right to an appeal.
6317 C. Inspection Of The Premises: Before any hearing is held by a Housing Advisory
6318 and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
6319 of such inspection shall be given to the notified party filing the appeal, who may be present at
6320 such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
6321 the record the material facts observed at the inspection, which facts shall be read at the initiation
6322 of the hearing. Failure of the notified party to provide access without good cause as determined
6323 by the building official shall not constitute a reason for the hearing to be postponed and the
6324 appeal may be denied.
6325 D. Written Notice: Written notice of the time and place of panel hearings shall be
6326 mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
6327 Appeals Board.
6328 E. Appeals Hearing: Any notified party may appear personally or authorize a
6329 designee to act in their behalf. The City and any notified party may call and examine witnesses
6330 on any relevant matter, introduce documentary and physical evidence, and cross examine
6331 opposing witnesses. Any relevant evidence shall be admitted.
6332 F. Record: A record of the entire proceeding of all appellate hearings under this
6333 section shall be made by tape recording, or by any other means of permanent recording
6334 determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
6335 retained on file in accordance with the City's record retention schedule.
6336
6337 SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
6338 Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
6339 the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
6340 consolidated fee schedule shall be published on the official Salt Lake City website.
6341
6342 SECTION 29. Effective Date. That this ordinance shall become effective on the date of
6343 its first publication.
6344
6345
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6346 Passed by the City Council of Salt Lake City, Utah this ___ day of ____________ 202__.
6347
6348 ______________________________________
6349 CHAIRPERSON
6350
6351 ATTEST:
6352
6353 _________________________
6354 CITY RECORDER
6355
6356
6357 Transmitted to Mayor on ____________________________.
6358
6359 Mayor’s Action: _________ Approved. ____________ Vetoed.
6360
6361
6362 _______________________________________
6363 MAYOR
6364
6365
6366
6367
6368 (SEAL)
6369
6370 Bill No. _______ of 202__.
6371 Published: __________________
63726373 Ordinance amending Title 18 administration_v6
178
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6375
6376 EXHIBIT A
6377
6378
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $129500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee
Residential Years 1&2
Non-Residential Years 1&2
Residential Years 3-5
Non-Residential Years 3-5
Residential Years 6 or more
Non-Residential Years 6 or more
$1,546
$3,000
$6,000
$6,000
$9,000
$9,000
$14,000
Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,000 Per parcel 18.48.215
Late penalty for registration fee
nonpayment
$25 Per 30 days (or any partial month)
until paid
18.48.215
Other abatement administrative cost $129 Plus actual costs for weed
abatement and other adatement
work
18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.2570
18.48.2570
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 $2550 18.50.100.D
Hazardous condition $50100 18.50.100.D
Imminent danger condition $75250 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
6379
6380