DAR File No. 30525

Administrative Services, Facilities Construction and Management

R23-12

Building Code Appeals Process

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30525
Filed: 10/03/2007, 09:58
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The rule establishes procedures for appeal of decisions made by the Building Official in regard to application and interpretations of building codes pursuant to Section 58-56-8. Subsection 63a-5-103(1)(e) authorizes the Utah State Building Board to makes rules regarding functions carried out by the Division of Facilities Construction and Management (DFCM). Section 63a-5-206 provides statutory provision where DFCM is involved in standards for facility construction and is the compliance agency under Title 58, Chapter 56, for projects administered by DFCM. Rule R23-12 establishes procedures for the appeal of decisions made by the Building Official in regard to the application and interpretation of building codes.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

DFCM and the Utah Building Board have not received any written comments, either in support or opposition to Rule R23-12.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Continuation of Rule R23-12 is necessary to provide the procedures for the appeal of decisions made by the Building Official in regard to the application and interpretation of building codes. Therefore, this rule should be continued.

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

Administrative Services
Facilities Construction and Management
Room 4110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Debbie Merrill, Alan Bachman, or Priscilla Anderson at the above address, by phone at 801-538-3240, 801-538-3105, or 801-538-9595, by FAX at 801-538-3313, 801-538-3313, or 801-538-3378, or by Internet E-mail at debramerrill@utah.gov, abachman@utah.gov, or phanderson@utah.gov

Authorized by:

D. Gregg Buxton, Director