(1)The board
has the following powers and duties pursuant to this part 33:
(a)To promulgate uniform construction and maintenance standards for
hotels, motels, and multiple-family dwellings in those areas of the state where no
standards exist;
(b)To promulgate uniform construction standards for factory-built
residential and nonresidential structures;
(c)To develop and submit to the general assembly and local governments
recommendations for uniform housing standards and building codes;
(d)To promulgate rules establishing standards for the installation and setup
of manufactured housing units;
(e)To promulgate rules establishing specific standards for the use of private
inspection and certification entities to perform the division's certification and
inspection functions wit
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The board
has the following powers and duties pursuant to this part 33:
(a) To promulgate uniform construction and maintenance standards for
hotels, motels, and multiple-family dwellings in those areas of the state where no
standards exist;
(b) To promulgate uniform construction standards for factory-built
residential and nonresidential structures;
(c) To develop and submit to the general assembly and local governments
recommendations for uniform housing standards and building codes;
(d) To promulgate rules establishing standards for the installation and setup
of manufactured housing units;
(e) To promulgate rules establishing specific standards for the use of private
inspection and certification entities to perform the division's certification and
inspection functions with respect to in-state and out-of-state inspections of
factory-built structures. The standards must allow, consistent with section 13 of
article XII of the state constitution, the provisions of part 5 of article 50 of this title
24, and the rules of the state personnel board, for the use of private inspection and
certification entities when the entities are available at a reasonable cost. The
standards cannot prohibit a manufacturer from having the option to contract with
the division or an authorized quality assurance representative to perform inspection
and certification functions.
(f) To promulgate rules establishing standards for tiny homes that cover the
manufacture of, assembly of, and installation of tiny homes;
(g) To promulgate uniform foundation construction standards for
manufactured homes, factory-built structures, or tiny homes in those areas of the
state where no standards exist; and
(h) On or before July 1, 2026, to adopt rules:
(I) (A) Establishing regional building code standards accounting for local
climatic and geographic conditions, and fire protection and suppression activities
for the construction and installation of factory-built structures developed by the
advisory committee created in section 24-32-3305 (3), which shall supersede a
conflicting ordinance, code, regulation, or other law of a local government unless a
local government adopts the rules issued by the board;
(B) The regional building codes standards shall include, at a minimum, wind
shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire
sprinkler system requirements.
(II) Establishing requirements based on the recommendations developed by
the advisory committee created in section 24-32-3305 (3), including the continued
authorization of a local government certified by the division to perform inspections
of a factory-built structure on behalf of the division;
(III) Establishing requirements based on the recommendations developed by
the advisory committee created in section 24-32-3305 (3), including registration,
responsibility, and accountability requirements for a manufacturer, installer, seller,
or general contractor who develops the installation site or completes the
construction of a factory-built structure at the installation site, including offering
education, training, and certification opportunities;
(A) A building contractor, as defined in section 30-11-125 (1)(a), is not
required to be registered with or certified by the state when conducting business in
a jurisdiction with an established licensing program for building contractors; and
(B) A building contractor, as defined in section 30-11-125 (1)(a), licensed by a
local government shall complete education and training about factory-built
construction as developed by the division of housing and administered in
collaboration with the local government;
(IV) Covering electrical or plumbing codes required to undertake or complete
the construction or installation of a factory-built structure;
(V) Allowing the division to contract for third-party review and approval of a
final design and construction plan for a factory-built structure on behalf of the
division;
(VI) Allowing the division to create a process for vetting and approving the
ability of a third party to review and approve a final design and construction plan for
a factory-built structure on behalf of the division; and
(VII) Requiring the division to cause an audit to be performed on a third party
that reviews and approves design and construction plans, on a third party that
conducts inspections on its behalf, of contracts of sellers to verify compliance, and
to ensure protection of down payments made by purchasers that are retained by
the seller or manufacturer.