Construction and Fire Codes Amendments

15
15A-2-102
15A-2-103
15A-3-1101
17E-7-401
65A-8-203
0
Construction and Fire Codes Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill modifies the State Construction Code.
Highlighted Provisions:
This bill:
amends the State Construction Code to address updated standards in the International
Wildland-Urban Interface Code;
modifies the International Wildland-Urban Interface Code;
delays the fee a county officer annually assesses against the property owner of high risk
wildland urban interface property within the incorporated and unincorporated portions of
a county;
requires the division to:
provide a copy and explanation of the wildfire risk assessment mapping tool;
give each county opportunity to provide written recommended changes to the wildfire
risk assessment mapping tool; and
implement the county's written recommended changes or provide a written response to
the county justifying the division's rejection of the county's written recommended
changes; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
15A-2-102
Effective
01/01/27
, as last amended by Laws of Utah 2023, Chapter 95
15A-2-103
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 532
17E-7-401
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
65A-8-203
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 74
ENACTS:
15A-3-1101
Effective
01/01/27
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
15A-2-102
is amended to read:
15A-2-102
Effective
01/01/27
. Definitions.
As used in this chapter,
Chapter 3, Statewide Amendments Incorporated as Part of State
Construction Code
, and
Chapter 4, Local Amendments Incorporated as Part of State
Construction Code
:
(1)
"HUD Code" means the Federal Manufactured Housing Construction and Safety
Standards Act, as issued by the Department of Housing and Urban Development and
published in 24 C.F.R.
Parts 3280
and
3282
(as revised April 1, 1990).
(2)
"IBC" means the edition of the International Building Code adopted under Section
15A-2-103
.
(3)
"IEBC" means the edition of the International Existing Building Code adopted under
Section
15A-2-103
.
(4)
"IECC" means the edition of the International Energy Conservation Code adopted under
Section
15A-2-103
.
(5)
"IFGC" means the edition of the International Fuel Gas Code adopted under Section
15A-2-103
.
(6)
"IMC" means the edition of the International Mechanical Code adopted under Section
15A-2-103
.
(7)
"IPC" means the edition of the International Plumbing Code adopted under Section
15A-2-103
.
(8)
"IRC" means the edition of the International Residential Code adopted under Section
15A-2-103
.
(9)
"ISPSC" means the edition of the International Swimming Pool and Spa Code adopted
under Section
15A-2-103
.
(10)
"IWUIC" means the edition of the International Wildland-Urban Interface Code
adopted under Section
15A-2-103
.
(10)
(11)
"NEC" means the edition of the National Electrical Code adopted under Section
15A-2-103
.
(11)
"UWUI" means the edition of the Utah Wildland Urban Interface Code adopted under
Section
15A-2-103
.
Section 2. Section
15A-2-103
is amended to read:
15A-2-103
Effective
01/01/27
. Specific editions adopted of construction code of
a nationally recognized code authority.
(1)
Subject to the other provisions of this part, the following construction codes are
incorporated by reference, and together with the amendments specified in Chapter 3,
Statewide Amendments Incorporated as Part of State Construction Code, and Chapter 4,
Local Amendments Incorporated as Part of State Construction Code, are the
construction standards to be applied to building construction, alteration, remodeling, and
repair, and in the regulation of building construction, alteration, remodeling, and repair
in the state:
(a)
the 2021 edition of the International Building Code, including Appendices C and J,
issued by the International Code Council;
(b)
the 2021 edition of the International Residential Code, issued by the International
Code Council;
(c)
Appendix AQ of the 2021 edition of the International Residential Code, issued by the
International Code Council;
(d)
the 2021 edition of the International Plumbing Code, issued by the International
Code Council;
(e)
the 2021 edition of the International Mechanical Code, issued by the International
Code Council;
(f)
the 2021 edition of the International Fuel Gas Code, issued by the International Code
Council;
(g)
the 2023 edition of the National Electrical Code, issued by the National Fire
Protection Association;
(h)
the 2021 edition of the International Energy Conservation Code, issued by the
International Code Council;
(i)
the 2021 edition of the International Existing Building Code, issued by the
International Code Council;
(j)
subject to Subsection
15A-2-104(2)
, the HUD Code;
(k)
subject to Subsection
15A-2-104(1)
, Appendix AE of the 2021 edition of the
International Residential Code, issued by the International Code Council;
(l)
subject to Subsection
15A-2-104(1)
, the 2005 edition of the NFPA 225 Model
Manufactured Home Installation Standard, issued by the National Fire Protection
Association;
(m)
subject to Subsection
(3)
, for standards and guidelines pertaining to plaster on a
historic property, as defined in Section
9-8a-302
, the U.S. Department of the Interior
Secretary's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings;
(n)
the residential provisions of the 2021 edition of the International Swimming Pool
and Spa Code, issued by the International Code Council; and
(o)
Modular Building Institute Standards 1200 and 1205, issued by the International
Code Council, except as modified by provisions of this title governing modular units.
(2)
Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire Control,
the Legislature adopts the
2006
2024
edition of the
Utah Wildland Urban
International
Wildland-Urban
Interface Code, issued by the International Code Council
, with the
alternatives or amendments approved by the Utah Division of Forestry, Fire, and State
Lands, as a construction code that may be adopted by a local compliance agency by
local ordinance or other similar action as a local amendment to the codes listed in this
section
.
(3)
The standards and guidelines described in Subsection
(1)(m)
apply only if:
(a)
the owner of the historic property receives a government tax subsidy based on the
property's status as a historic property;
(b)
the historic property is wholly or partially funded by public money; or
(c)
the historic property is owned by a government entity.
Section 3. Section
15A-3-1101
is enacted to read:
15A-3-1101
Effective
01/01/27
. General provisions.
(1)
In IWUIC, Section 302.1, the following sentence is added at the end of the section:
"Unless approved by the Division of Forestry, Fire, and State Lands no designated
wildland-urban interface areas shall be below the risk category 5 threshold of the
Smoothed Structure Exposure Score map found on the Utah Wildfire Risk Explorer
Website."
(2)
In IWUIC, Section 602 is deleted.
Section 4. Section
17E-7-401
is amended to read:
17E-7-401
Effective
05/06/26
. Wildland urban interface evaluation and fees.
(1)
As used in this section:
(a)
"County officer" means the same as that term is defined in Section
17-66-101
.
(b)
"High risk wildland urban interface property" means the same as that term is defined
in Section
65A-8-401
.
(c)
"Wildland urban interface" means the same as that term is defined in Section
65A-8-401
.
(d)
"Wildland urban interface coordinator" means the same as that term is defined in
Section
65A-8-401
.
(2)
If evaluation of high risk wildland urban interface property is assigned to a county under
Section
65A-8-402
:
(a)
the county shall enter into a cooperative agreement with the Division of Forestry,
Fire, and State Lands, in accordance with Subsection
65A-8-203(2)(a)
, which
agreement shall address compliance with this Subsection
(2)
for evaluation and
classification of high risk wildland urban interface property; and
(b)
a county officer shall require that a wildland urban interface coordinator representing
the county annually evaluate high risk wildland urban interface property within the
county in accordance with Section
65A-8-402
.
(3)
Beginning
January 1, 2026
January 1, 2027
, a county officer shall:
(a)
annually assess a fee:
(i)
against the property owner of high risk wildland urban interface property within
the incorporated and unincorporated portions of the county; and
(ii)
in the amount set by the Division of Forestry, Fire, and State Lands under Section
65A-8-402
; and
(b)
(i)
after retaining a portion of the fee under Subsection
(3)(b)(ii)
, transmit the fee
assessed under Subsection
(3)(a)
to the Division of Forestry, Fire, and State Lands
for deposit into the Utah Wildfire Fund created in Section
65A-8-217
; and
(ii)
retain that portion of the fee assessed under Subsection
(3)(a)
necessary to pay
costs incurred by the county in implementing this section, which the county may
include in the county's annual accounting of wildfire prevention, preparedness,
mitigation actions, and associated costs for purposes of Subsection
65A-8-203(4)(c)
.
(4)
A county may hold a political subdivision lien on high risk wildland urban interface
property for a fee that is past due by following the procedures in Sections
17B-1-902

and
17B-1-902.1
, as if the county is a special district.
Section 5. Section
65A-8-203
is amended to read:
65A-8-203
Effective
05/06/26
. Cooperative fire protection agreements.
(1)
As used in this section, "eligible entity" means:
(a)
a county, a municipality, or a special service district, special district, or service area
with:
(i)
wildland fire suppression responsibility as described in Section
11-7-1
; and
(ii)
wildland fire suppression cost responsibility and taxing authority for a specific
geographic jurisdiction; or
(b)
upon approval by the director, a political subdivision established by a county,
municipality, special service district, special district, or service area that is
responsible for:
(i)
providing wildland fire suppression services; and
(ii)
paying for the cost of wildland fire suppression services.
(2)
(a)
The governing body of any eligible entity may enter into a cooperative agreement
with the division to receive financial and wildfire management cooperation and
assistance from the division, as described in this part.
(b)
A cooperative agreement shall last for a term of no more than five years and be
renewable if the eligible entity continues to meet the requirements of this chapter.
(3)
(a)
The state shall assume an eligible entity's cost of suppressing catastrophic wildfire
as defined in the cooperative agreement if the eligible entity has entered into, and is
in full compliance with, a cooperative agreement with the division, as described in
this section.
(b)
A county or municipality that is not covered by a cooperative agreement with the
division, as described in this section, shall be responsible for wildland fire costs
within the county or municipality's jurisdiction, as described in Section
65A-8-203.2
.
(4)
To enter into a cooperative agreement with the division, the eligible entity shall:
(a)
require that the fire department or equivalent fire service provider under contract
with, or delegated by, the eligible entity on unincorporated land meet minimum
standards for wildland fire training, certification, and suppression equipment based
upon nationally accepted standards as specified by the division;
(b)
invest in prevention, preparedness, and mitigation efforts, as agreed to with the
division, that will reduce the eligible entity's risk of catastrophic wildfire;
(c)
(i)
file with the division an annual accounting of wildfire prevention, preparedness,
mitigation actions, and associated costs;
(ii)
meet the eligibility entity's participation commitment by making direct payments
to the division; or
(iii)
do a combination of Subsections
(4)(c)(i)
and
(ii)
;
(d)
return the financial statement described in Subsection
(6)
, signed by the chief
executive of the eligible entity, to the division on or before the date set by the
division;
(e)
if the eligible entity is a county, have a designated fire warden as described in
Section
65A-8-209.1
;
(f)
subject to Subsection
(9)
, adopt and enforce the wildland urban interface building
standards, as defined in Section
65A-8-401
, if the eligible entity is a:
(i)
county for purposes of an unincorporated area within the county; or
(ii)
municipality for an incorporated area within a county; and
(g)
if the eligible entity is a county, comply with Section
17-16-22
.
(5)
(a)
The state forester may execute a cooperative agreement with the eligible entity.
(b)
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, governing the:
(i)
cooperative agreements described in this section;
(ii)
manner in which an eligible entity shall provide proof of compliance with
Subsection
(4)
;
(iii)
manner by which the division may revoke a cooperative agreement if an eligible
entity ceases to meet the requirements described in this section;
(iv)
accounting system for determining suppression costs;
(v)
manner in which the division shall determine the eligible entity's participation
commitment; and
(vi)
manner in which an eligible entity may appeal a division determination of
participation commitment.
(6)
(a)
The division shall send a financial statement to each eligible entity participating in
a cooperative agreement that details the eligible entity's participation commitment for
the coming fiscal year, including the prevention, preparedness, and mitigation actions
agreed to under Subsection
(4)(b)
.
(b)
Each eligible entity participating in a cooperative agreement shall:
(i)
have the chief executive of the eligible entity sign the financial statement, or the
legislative body of the eligible entity approve the financial statement by
resolution, confirming the eligible entity's participation for the upcoming year; and
(ii)
return the financial statement to the division, on or before a date set by the
division.
(c)
A financial statement shall be effective for one calendar year, beginning on the date
set by the division, as described in Subsection
(6)(b)
.
(7)
(a)
An eligible entity may revoke a cooperative agreement before the end of the
cooperative agreement's term by:
(i)
informing the division, in writing, of the eligible entity's intention to revoke the
cooperative agreement; or
(ii)
failing to sign and return its annual financial statement, as described in
Subsection
(6)(b)
, unless the director grants an extension.
(b)
An eligible entity may not revoke a cooperative agreement before the end of the term
of a signed annual financial statement, as described in Subsection
(6)(c)
.
(8)
(a)
The division shall develop and maintain a wildfire risk assessment mapping tool
that is online and publicly accessible.
(b)
The division shall analyze and establish by rule, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, boundaries for high risk wildland
urban interface property and what constitutes wildland urban interface property that
is not high risk within the wildfire risk assessment mapping tool described in
Subsection
(8)(a)
:
(i)
using a scientific assessment; and
(ii)
that is focused on the risk to dwellings within the wildland urban interface area.
(c)
With regard to the categories used within the wildfire risk assessment mapping tool
described in Subsection
(8)(a)
, the division may adjust the assessment for
participation commitments if the adjustment is based on the Consumer Price Index
for All Urban Consumers as published by the Bureau of Labor Statistics of the
United States Department of Labor, in accordance with a formula established by the
division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(d)
Notwithstanding Subsection
(8)(a)
, the division shall:
(i)
(A)
for the wildfire risk assessment mapping tool that the division has adopted
before the effective date of this section, provide a copy and explanation of the
wildfire risk assessment mapping tool to each county on or before August 6,
2026; and
(B)
for a wildfire risk assessment mapping tool that the division adopts on or after
the effective date of this section which expands the boundary of the high risk
wildland urban interface, provide a copy and explanation of the expansion of
the boundary of the high risk wildland urban interface to each impacted county
at least 60 days before adopting the change to the wildfire risk assessment
mapping tool;
(ii)
give each impacted county 30 days after the day on which the division complies
with Subsection
(8)(d)(i)
to provide the division written recommended changes;
(iii)
within 30 days after the day on which the division receives the impacted county's
written recommended changes:
(A)
implement the impacted county's written recommended changes to the
wildfire risk assessment mapping tool;
(B)
provide a written response to the impacted county justifying the division's
modification of the county's written recommended changes to the wildfire risk
assessment mapping tool; or
(C)
provide a written response to the impacted county justifying the division's
rejection of the impacted county's written recommended changes to the
wildfire risk assessment mapping tool; and
(iv)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to administer and enforce this Subsection
(8)(d)
.
(9)
(a)
If the state under Section
15A-2-103
adopts an edition of the Utah Wildland
Urban Interface Code, issued by the International Code Council, with the alternatives
or amendments approved by the division, as a wildland urban interface building
standard that may be adopted by a local compliance agency:
(i)
for purposes of an unincorporated area within a county, the county shall adopt and
enforce the wildland urban interface building standard described in this
Subsection
(9)(a)
; and
(ii)
for purposes of an incorporated area within a county, the relevant municipality
shall adopt and enforce the wildland urban interface building standard described
in this Subsection
(9)(a)
.
(b)
If a county or municipality fails to comply with Subsections
(4)(f)
and
(9)(a)
, the
division may choose to not pay costs of the county or municipality under a
cooperative agreement executed under this section.
(c)
(i)
If the state adopts a different wildland urban interface building standard than
was previously adopted under Section
15A-2-103
, a county or municipality has
two years from the date the state adopts the different wildland urban interface
building standard to adopt the appropriate wildland urban interface building
standard.
(ii)
If a county or municipality fails to adopt the appropriate wildland urban interface
building standard within the time period described in Subsection
(9)(c)(i)
, the
division may choose to not pay costs of the county or municipality under a
cooperative agreement executed under this section beginning two years from the
day on which the state adopts the different wildland urban interface building
standard and until such time as the county or municipality adopts the appropriate
wildland urban interface building standard.
(10)
(a)
The division may by rule, made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish criteria for community wildfire
preparedness plans addressing wildland urban interface. The criteria shall require
action that is:
(i)
qualitative and quantitative; and
(ii)
leads to reduced wildfire risk.
(b)
An eligible entity shall agree to implement prevention, preparedness, and mitigation
actions identified in a community wildfire preparedness plan addressing wildland
urban interface that is approved by the division.
Section 6.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
January 1, 2027
.
(2)
The actions affecting the following sections take effect on
May 6, 2026
:
(a)
Section 17E-7-401
Effective
05/06/26
; and
(b)
Section 65A-8-203
Effective
05/06/26
.
3-5-26 7:47 PM