DAR File No. 29075

Commerce, Occupational and Professional Licensing

R156-56-711

Statewide Amendments to the IRC

NOTICE OF PROPOSED RULE

DAR File No.: 29075
Filed: 09/21/2006, 02:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Uniform Building Code Commission are proposing this amendment to correct the reference to the electrical code to the current name and to eliminate the reference to conflicts between the National Electrical Code (NEC) and the International Residential Code (IRC). Proponents for the amendment argue that the IRC has already incorporated provisions of the NEC and therefore the rule on conflict is not needed. Opponents to the amendments argue that the IRC does not fully reflect the NEC and that the IRC has serious conflicts with the NEC. The NEC is the more extensive code and was the source of the electrical provisions in the IRC. The IRC is designed so that only the electrical requirements that are normally applicable to residential construction are included in the IRC. Opponents therefore argue that if anything is missed in the IRC, that the NEC is the more extensive document and should prevail. The Uniform Building Code Commission recommended this amendment be filed as a separate rule filing due to the two differing opinions regarding the proposed amendment. (DAR NOTE: The other proposed filing is to Rule R156-56 and it is under DAR No. 29079 in this issue.)

Summary of the rule or change:

In Subsection R156-56-711(1), the reference to the International Electrical Code is changed to the International Code Council (ICC) Electrical Code and the last sentence in the subsection about if conflicts exist between the NEC and the IRC, the NEC shall prevail is being deleted.

State statutory or constitutional authorization for this rule:

Section 58-56-1, and Subsections 58-1-106(1)(a), 58-1-202(1)(a), 58-56-4(2) and 58-56-6(2)(a)

Anticipated cost or savings to:

the state budget:

The Division anticipates no costs or savings associated with this rule amendment. Since the NEC is the source of electrical provisions in the IRC, this proposed amendment should have no impact on the costs of construction and the proposed amendment only affects residential construction.

local governments:

The Division anticipates no costs or savings associated with this rule amendment. Since the NEC is the source of electrical provisions in the IRC, this proposed amendment should have no impact on the costs of construction and the proposed amendment only affects residential construction.

other persons:

The Division anticipates no costs or savings associated with this rule amendment. Since the NEC is the source of electrical provisions in the IRC, this proposed amendment should have no impact on the costs of construction and the proposed amendment only affects residential construction.

Compliance costs for affected persons:

The Division anticipates no compliance costs with this rule amendment. Since the NEC is the source of electrical provisions in the IRC, this proposed amendment should have no impact on the costs of construction and the proposed amendment only affects residential construction.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendment corrects a reference. It also attempts to remove a conflicts provision that some in the industry believe is unnecessary. No fiscal impact to businesses is anticipated by this amendment. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Dan S. Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/17/2006

Interested persons may attend a public hearing regarding this rule:

11/15/2006 at 9:00 AM, State Office Building (behind the Capitol), Room 4112, Salt Lake City, UT

This rule may become effective on:

11/27/2006

Authorized by:

J. Craig Jackson, Director

R156. Commerce, Occupational and Professional Licensing.

R156-56. Utah Uniform Building Standard Act Rules.

R156-56-711. Statewide Amendments to the IRC.

The following are adopted as amendments to the IRC to be applicable statewide:

(1) All amendments to the IBC under Section R156-56-704, local amendments under Section R156-56-705, the NEC under Section R156-56-706, the IPC under Section R156-56-707, the IMC under Section R156-56-708, the IFGC under Section R156-56-709 and the IECC under Section R156-56-710 which may be applied to detached one and two family dwellings and multiple single family dwellings shall be applicable to the corresponding provisions of the IRC. All references to the [International Electrical Code]ICC Electrical Code are deleted and replaced with the National Electrical Code adopted under Section R156-56-701(1)(b).[ Should there be any conflicts between the NEC and the IRC, the NEC shall prevail.]

(2) In Section 109, a new section is added as follows:

R109.1.5 Weather-resistive barrier and flashing inspections. An inspection shall be made of the weather-resistive barrier as required by Section R703.1 and flashings as required by Section R703.8 to prevent water from entering the weather-resistant exterior wall envelope.

The remaining sections are renumbered as follows:

R109.1.6 Other inspections

R109.1.6.1 Fire-resistance-rated construction inspection

R109.1.7 Final inspection.

(3) Section R114.1 is deleted and replaced with the following:

R114.1 Notice to owner. Upon notice from the building official that work on any building or structured is being prosecuted contrary to the provisions of this code or other pertinent laws or ordinances or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent or to the person doing the work; and shall state the conditions under which work will be permitted to resume.

(4) In Section R202, the definition of "Backsiphonage" is deleted and replaced with the following:

BACKSIPHONAGE: The backflow of potentially contaminated, polluted or used water into the potable water system as a result of the pressure in the potable water system falling below atmospheric pressure of the plumbing fixtures, pools, tanks or vats connected to the potable water distribution piping.

(5) In Section R202 the following definition is added:

CERTIFIED BACKFLOW PREVENTER ASSEMBLY TESTER: A person who has shown competence to test Backflow prevention assemblies to the satisfaction of the authority having jurisdiction under Subsection 19-4-104(4), Utah Code Ann. (1953), as amended.

(6) In Section R202 the definition of "Cross Connection" is deleted and replaced with the following:

CROSS CONNECTION. Any physical connection or potential connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other either water of unknown or questionable safety or steam, gas or chemical, whereby there exists the possibility for flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems(see "Backflow, Water Distribution").

(7) In Section R202 the following definition is added:

HEAT exchanger (Potable Water). A device to transfer heat between two physically separated fluids (liquid or steam), one of which is potable water.

 

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KEY: contractors, building codes, building inspection, licensing

Date of Enactment or Last Substantive Amendment: [January 1, ]2006

Notice of Continuation: May 16, 2002

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-56-1; 58-56-4(2); 58-56-6(2)(a)