1. (1) To the extent that a construction code adopted under Section 15A-2-103 establishes a local administrative function or establishes a method of appeal which pursuant to Section 15A-1-207 is designated to be established by the compliance agency:

   1. (a) that provision of the construction code is not included in the State Construction Code; and
   2. (b) a compliance agency may establish provisions to establish a local administrative function or a method of appeal.

2. (2)

   1. (a) To the extent that a construction code adopted under Subsection (1) establishes a provision, standard, or reference to another code that by state statute is designated to be established or administered by another state agency, or a local city, town, or county jurisdiction:

      1. (i) that provision of the construction code is not included in the State Construction Code; and
      2. (ii) the state agency or local government has authority over that provision of the construction code.

   2. (b) Provisions excluded under this Subsection (2) include:

      1. (i) the International Property Maintenance Code;
      2. (ii) the International Private Sewage Disposal Code, authority over which is reserved to the Department of Health and Human Services and the Department of Environmental Quality;
      3. (iii) the International Fire Code, authority over which is reserved to the board, pursuant to Section 15A-1-403;
      4. (iv) a day care provision that is in conflict with Title 26B, Chapter 2, Part 4, Child Care Licensing, authority over which is designated to the Department of Health and Human Services; and
      5. (v) a wildland urban interface provision that goes beyond the authority under Section 15A-1-204, for the State Construction Code, authority over which is designated to the Division of Forestry, Fire, and State Lands or to a local compliance agency.
3. (3) If a construction code adopted under Subsection 15A-2-103(1) establishes a provision that exceeds the scope described in Chapter 1, Part 2, State Construction Code Administration Act, to the extent the scope is exceeded, the provision is not included in the State Construction Code.

Amended by Chapter 209, 2023 General Session