HB 58: Building Inspector Amendments - Utah

Substitute #4 → Enrolled · 7 edits · Mar 20, 2025

MODERATE

This bill updates Utah's building inspector laws to allow local regulators to hire independent third-party firms for inspections, creating a new list of approved firms and requiring the regulator to pay for these inspections. It also establishes a new Uniform Building Code Commission to collect data on inspections and report annually to the Legislature. The bill adds specific definitions for modular construction and outlines new rules for surcharges used to fund inspector education and property rights training.

Scope change

The bill expands the scope of who can perform inspections by allowing local regulators to contract with third-party firms, and it adds a new oversight body (the Uniform Building Code Commission) to monitor inspection quality and code enforcement across the state.

REQUIREMENT

Local regulators must now hire or contract with a qualified building official or a third-party inspection firm from an approved list to conduct inspections.

Local regulators are required to pay the cost of inspections performed by third-party firms after receiving the inspection report.

ENFORCEMENT

A new Uniform Building Code Commission is created to collect data on the inspection process, issue guidance, and publish an annual report on local regulator performance.

New sections define 'unlawful conduct' and 'unprofessional conduct' for building inspectors, including specific penalties for failing to report hazards or falsifying reports.

FISCAL

A 1% surcharge on building permits is established, with 40% of the funds directed to inspector education and 50% to the Property Rights Ombudsman for land use training.

DEFINITION

New definitions were added for 'qualified building official', 'third-party inspection firm', 'remote yurt', and various modular construction terms.

TIMELINE

The bill's effective date is set to January 1, 2026.

Introduced → Substitute #1 · 8 edits

MODERATE

This bill modifies Utah's building inspector laws to allow local regulators to hire third-party firms for inspections at public expense, while simultaneously reducing the requirement for individual building inspectors to hold a state license. The bill also expands the Uniform Building Code Commission's duties to collect and publish data on inspector performance and adjusts how surcharge funds are distributed for education.

Scope change

The bill shifts enforcement authority by allowing local regulators to contract with independent third-party firms, effectively bypassing the need for individual inspectors to be state-licensed in many scenarios, and creates a new reporting body for code analysis.

REQUIREMENT

Local regulators must now hire or contract with a 'qualified building official' to oversee construction inspections.

The definition of 'Local regulator' was updated to explicitly require that they employ or contract with a qualified building official.

ELIGIBILITY

Third-party inspection firms are now eligible to conduct inspections on behalf of local regulators, with the regulator paying for the service.

DEFINITION

The definition of 'Qualified building official' was expanded to include individuals with six years of experience who are certified as a 'combination inspector' or hold a 'certified building official' credential.

FISCAL

The portion of building permit surcharges allocated to the Property Rights Ombudsman was reduced from 60% to 50%, while the portion for inspector education increased from 30% to 40%.

ENFORCEMENT

New provisions were added to Section 58-56-9.3 to address unprofessional conduct by building officials who allow inspectors to work beyond their license scope.

TIMELINE

The repeal date for the requirement that building inspectors be licensed by the Division of Professional Licensing was set to July 1, 2030.

TECHNICAL

Several text formatting errors and inconsistent phrasing were corrected throughout the bill, including fixing the definition of 'Approved code' and clarifying the composition of the Uniform Building Code Commission.

Substitute #3 → Substitute #4 · 6 edits

MODERATE

This bill amends Utah's building inspector regulations to formalize third-party inspection programs, expand data collection by the Uniform Building Code Commission, and add specific conduct rules for building inspectors. The changes aim to improve oversight, standardize inspection processes, and increase transparency in building code enforcement.

Scope change

The bill expands the scope of third-party inspection programs to include more counties and municipalities, and adds new requirements for qualified building officials in local regulator positions.

REQUIREMENT

Establishes a formal third-party inspection firm list that local regulators must maintain for counties of different classes, with requirements for notification and payment procedures.

Requires local regulators to hire or contract with qualified building officials who meet specific experience and certification standards.

ENFORCEMENT

Creates new unlawful and unprofessional conduct provisions specifically for building inspectors acting as qualified building officials, including penalties for allowing inspectors to work beyond their certification scope.

DATA_COLLECTION

Requires the Uniform Building Code Commission to collect, analyze, and annually report data on building inspection processes, enforcement consistency, and local regulator performance to the Legislature.

DEFINITION

Updates and clarifies definitions for building permit applicants, local regulators, and qualified building officials to align with new third-party inspection requirements.

FISCAL

Adjusts the allocation of surcharge funds from building permits, increasing the portion directed to the Property Rights Ombudsman for education and training purposes.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill updates Utah's building inspector regulations by clarifying third-party inspection firm requirements, adding new definitions for remote yurts and private home inspectors, and establishing data collection and reporting duties for the Uniform Building Code Commission. The changes aim to improve transparency, standardize inspection processes, and enhance oversight of building code enforcement across the state.

Scope change

The bill expands the scope to include new definitions for remote yurts and private home inspectors, and adds requirements for local regulators to hire or contract with qualified building officials.

DEFINITION

Added new definitions for 'remote yurt' (membrane-covered structures under 710 sq ft in unincorporated areas) and 'private home inspector' (individuals examining residential dwellings for sale/purchase).

Modified 'local regulator' definition to include designees and clarified term meanings across multiple code sections.

REQUIREMENT

Requires local regulators to hire or contract with qualified building officials and mandates third-party inspection firms be included on local regulator lists.

Modified third-party inspection firm requirements to allow firms to employ certified building inspectors from adjacent cities/counties and clarified payment responsibilities between local regulators and inspection firms.

Added annual data collection and reporting requirements for the Uniform Building Code Commission regarding building inspection processes and local regulator performance.

ENFORCEMENT

Added unlawful and unprofessional conduct provisions for licensed building inspectors acting as qualified building officials.

FISCAL

Expanded Division of Professional Licensing authority to spend surcharge money for inspector education and data collection activities.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill amends Utah's building inspector laws to strengthen oversight of third-party inspection firms, clarify definitions, and expand the Uniform Building Code Commission's data collection and reporting responsibilities. It also updates unlawful and unprofessional conduct provisions for building inspectors and modifies how surcharge funds are allocated. The changes aim to improve transparency, accountability, and consistency in building code enforcement across the state.

Scope change

The bill expands the scope of the Uniform Building Code Commission to include annual data collection and public reporting on building inspector performance. It also adds new requirements for third-party inspection firms and modifies eligibility criteria for certain building-related activities.

REQUIREMENT

Added requirements for the Uniform Building Code Commission to collect data on building inspections, publish it annually, and report findings to the Legislature.

Added requirements for local regulators to hire or contract with qualified building officials.

DEFINITION

Modified definitions in Section 15A-1-202 to clarify terms like 'local regulator,' 'qualified building official,' and added a new definition for 'remote yurt.'

ENFORCEMENT

Added new unlawful conduct provisions for building officials who allow inspectors to perform work beyond their license scope.

FISCAL

Modified the allocation of surcharge funds collected from building permits, changing the percentage split between education programs and the Property Rights Ombudsman.

ELIGIBILITY

Modified eligibility criteria for third-party inspection firms and building permit applicants.

TECHNICAL

Made technical and conforming changes to align with recent legislative amendments and update section references.

Building Inspector Amendments

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