United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-606, 2015

Municipalities may not generally force physical changes to legal nonconforming rental dwelling uses, with listed code-safety exceptions, and they are limited in requiring egress-window changes in certain existing…

Source excerpt

building code complianceegress windowshousingpropertyrentalrental dwelling unitsresidential occupancystreet addressing

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2015
Dates: Enacted 2015

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Dates: Enacted 2015

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“Municipalities may not generally force physical changes to legal nonconforming rental dwelling uses, with listed code-safety exceptions, and they are limited in requiring egress-window changes in certain existing bedrooms.”

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Changes to rental dwelling units-- Egress windows.

Section 10-20-606

Subsection 10-20-606(1)(c)

“Rental dwelling” has the same meaning as in Section 10-8-85.5.

Section 10-20-606(1)(c)

Subsection 10-20-606(2)(a)(i)(E)

an electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions ;

Section 10-20-606(2)(a)(i)(E)

Subsection 10-20-606(3)(a)(i)(B)

a town home that is not more than three stories above grade with a separate means of egress; and

Section 10-20-606(3)(a)(i)(B)

Subsection 10-20-606(4)(c)

requiring that an existing window not be reduced in size if the openable area is smaller than required by current State Construction Code.

Section 10-20-606(4)(c)

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Source record from le.utah.gov · Enacted 2015

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Showing 35 of 35 provisions

Provision 35

Part 10-20-6

part 10-20-6 Land Use Regulations - Particular Situations

§ 10-20-606Changes to rental dwelling units-- Egress windows.Provision

Source excerpt

Changes to rental dwelling units-- Egress windows. As used in this section: "Internal accessory dwelling unit" means an accessory dwelling unit created: within a primary dwelling; within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and for the purpose of offering a long-term rental of 30 consecutive days or longer. "Primary dwelling" means a single-family dwelling that: is detached; and is occupied as the primary residence of the owner of record. "Rental dwelling" means the same as that term is defined in Section 10-8-85.5 . A municipal ordinance may not: require physical changes in a structure with a legal nonconforming rental dwelling use unless the change is for: the reasonable installation of: a smoke detector that is plugged in or battery operated; a ground fault circuit interrupter protected outlet on existing wiring; street addressing; except as provided in Subsection (3) , an egress bedroom window if the existing bedroom window is smaller than that required by current State Construction Code; an electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions ; hand or guard rails; or occupancy separation doors as required by the International Residential Code; or the abatement of a structure; or be enforced to terminate a legal nonconforming rental dwelling use. A municipality may not require physical changes to install an egress or emergency escape window in an existing bedroom that complied with the State Construction Code in effect at the time the bedroom was finished if: the dwelling is an owner-occupied dwelling or a rental dwelling that is: a detached one-, two-, three-, or four-family dwelling; or a town home that is not more than three stories above grade with a separate means of egress; and the window in the existing bedroom is smaller than that required by current State Construction Code; and the change would compromise the structural integrity of the structure or could not be completed in accordance with current State Construction Code, including set-back and window well requirements. Subsection (3)(a) does not apply to an internal accessory dwelling unit. Nothing in this section prohibits a municipality from: regulating the style of window that is required or allowed in a bedroom; requiring that a window in an existing bedroom be fully openable if the openable area is less than required by current State Construction Code; or requiring that an existing window not be reduced in size if the openable area is smaller than required by current State Construction Code.

Section 10-20-606Verify source

§ 10-20-606(1)Subsection 10-20-606(1)Provision

Source excerpt

This section defines “internal accessory dwelling unit,” “primary dwelling,” and “rental dwelling.”

As used in this section: "Internal accessory dwelling unit" means an accessory dwelling unit created: within a primary dwelling; within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and for the purpose of offering a long-term rental of 30 consecutive days or longer. "Primary dwelling" means a single-family dwelling that: is detached; and is occupied as the primary residence of the owner of record. "Rental dwelling" means the same as that term is defined in Section 10-8-85.5 .

Section 10-20-606(1)Verify source

§ 10-20-606(1)(a)Subsection 10-20-606(1)(a)Provision

Source excerpt

"Internal accessory dwelling unit" means an accessory dwelling unit created: within a primary dwelling; within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is

Section 10-20-606(1)(a)Verify source

§ 10-20-606(1)(a)(i)Subsection 10-20-606(1)(a)(i)Provision

Source excerpt

within a primary dwelling;

Section 10-20-606(1)(a)(i)Verify source

§ 10-20-606(1)(a)(ii)Subsection 10-20-606(1)(a)(ii)Provision

Source excerpt

within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and

Section 10-20-606(1)(a)(ii)Verify source

§ 10-20-606(1)(a)(iii)Subsection 10-20-606(1)(a)(iii)Provision

Source excerpt

for the purpose of offering a long-term rental of 30 consecutive days or longer.

Section 10-20-606(1)(a)(iii)Verify source

§ 10-20-606(1)(b)Subsection 10-20-606(1)(b)Provision

Source excerpt

Defines “primary dwelling” as a detached single-family dwelling occupied as the owner of record’s primary residence.

"Primary dwelling" means a single-family dwelling that: is detached; and is occupied as the primary residence of the owner of record.

Section 10-20-606(1)(b)Verify source

§ 10-20-606(1)(b)(i)Subsection 10-20-606(1)(b)(i)Provision

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is detached; and

Section 10-20-606(1)(b)(i)Verify source

§ 10-20-606(1)(b)(ii)Subsection 10-20-606(1)(b)(ii)Provision

Source excerpt

is occupied as the primary residence of the owner of record.

Section 10-20-606(1)(b)(ii)Verify source

§ 10-20-606(1)(c)Subsection 10-20-606(1)(c)Provision

Source excerpt

“Rental dwelling” has the same meaning as in Section 10-8-85.5.

"Rental dwelling" means the same as that term is defined in Section 10-8-85.5 .

Section 10-20-606(1)(c)Verify source

§ 10-20-606(2)Subsection 10-20-606(2)Provision

Source excerpt

A municipal ordinance may not require physical changes to a structure used for a legal nonconforming rental dwelling, except for listed safety or code-related installations and related abatement or termination-related actions.

A municipal ordinance may not: require physical changes in a structure with a legal nonconforming rental dwelling use unless the change is for: the reasonable installation of: a smoke detector that is plugged in or battery operated; a ground fault circuit interrupter protected outlet on existing wiring; street addressing; except as provided in Subsection (3) , an egress bedroom window if the existing bedroom window is smaller than that required by current State Construction Code; an electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions ; hand or guard rails; or occupancy separation doors as required by the International Residential Code; or the abatement of a structure; or be enforced to terminate a legal nonconforming rental dwelling use.

Section 10-20-606(2)Verify source

§ 10-20-606(2)(a)Subsection 10-20-606(2)(a)Provision

Source excerpt

require physical changes in a structure with a legal nonconforming rental dwelling use unless the change is for: the reasonable installation of: a smoke detector that is plugged in or battery operated; a ground fault circuit interrupter protected outlet on existing wiring; street addressing; except as provided in Subsection (3) , an egress bedroom window if the existing bedroom window is smaller than that required by current State Construction Code; an electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions ; hand or guard rails; or occupancy separation doors as required by the International Residential Code; or the abatement of a structure; or

Section 10-20-606(2)(a)Verify source

§ 10-20-606(2)(a)(i)Subsection 10-20-606(2)(a)(i)Provision

Source excerpt

Lists types of reasonable installations, including smoke detectors, GFCI outlets, street addressing, certain bedroom egress windows, electrical or plumbing systems in some cases, hand or guard rails, and occupancy separation doors.

the reasonable installation of: a smoke detector that is plugged in or battery operated; a ground fault circuit interrupter protected outlet on existing wiring; street addressing; except as provided in Subsection (3) , an egress bedroom window if the existing bedroom window is smaller than that required by current State Construction Code; an electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions ; hand or guard rails; or occupancy separation doors as required by the International Residential Code; or

Section 10-20-606(2)(a)(i)Verify source

§ 10-20-606(2)(a)(i)(A)Subsection 10-20-606(2)(a)(i)(A)Provision

Source excerpt

a smoke detector that is plugged in or battery operated;

Section 10-20-606(2)(a)(i)(A)Verify source

§ 10-20-606(2)(a)(i)(B)Subsection 10-20-606(2)(a)(i)(B)Provision

Source excerpt

a ground fault circuit interrupter protected outlet on existing wiring;

Section 10-20-606(2)(a)(i)(B)Verify source

§ 10-20-606(2)(a)(i)(C)Subsection 10-20-606(2)(a)(i)(C)Provision

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street addressing;

Section 10-20-606(2)(a)(i)(C)Verify source

§ 10-20-606(2)(a)(i)(D)Subsection 10-20-606(2)(a)(i)(D)Provision

Source excerpt

An egress bedroom window is excepted if the existing bedroom window is smaller than required by the current State Construction Code, except as provided in Subsection (3).

except as provided in Subsection (3) , an egress bedroom window if the existing bedroom window is smaller than that required by current State Construction Code;

Section 10-20-606(2)(a)(i)(D)Verify source

§ 10-20-606(2)(a)(i)(E)Subsection 10-20-606(2)(a)(i)(E)Provision

Source excerpt

Section 10-20-606(2)(a)(i)(E)Verify source

§ 10-20-606(2)(a)(i)(F)Subsection 10-20-606(2)(a)(i)(F)Provision

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hand or guard rails; or

Section 10-20-606(2)(a)(i)(F)Verify source

§ 10-20-606(2)(a)(i)(G)Subsection 10-20-606(2)(a)(i)(G)Provision

Source excerpt

occupancy separation doors as required by the International Residential Code; or

Section 10-20-606(2)(a)(i)(G)Verify source

§ 10-20-606(2)(a)(ii)Subsection 10-20-606(2)(a)(ii)Provision

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the abatement of a structure; or

Section 10-20-606(2)(a)(ii)Verify source

§ 10-20-606(2)(b)Subsection 10-20-606(2)(b)Provision

Source excerpt

be enforced to terminate a legal nonconforming rental dwelling use.

Section 10-20-606(2)(b)Verify source

§ 10-20-606(3)Subsection 10-20-606(3)Provision

Source excerpt

A municipality may not require certain physical changes for an egress or emergency escape window in a qualifying existing bedroom.

A municipality may not require physical changes to install an egress or emergency escape window in an existing bedroom that complied with the State Construction Code in effect at the time the bedroom was finished if: the dwelling is an owner-occupied dwelling or a rental dwelling that is: a detached one-, two-, three-, or four-family dwelling; or a town home that is not more than three stories above grade with a separate means of egress; and the window in the existing bedroom is smaller than that required by current State Construction Code; and the change would compromise the structural integrity of the structure or could not be completed in accordance with current State Construction Code, including set-back and window well requirements. Subsection (3)(a) does not apply to an internal accessory dwelling unit.

Section 10-20-606(3)Verify source

§ 10-20-606(3)(a)Subsection 10-20-606(3)(a)Provision

Source excerpt

A municipality may not require physical changes to install an egress or emergency escape window in certain existing bedrooms.

Section 10-20-606(3)(a)Verify source

§ 10-20-606(3)(a)(i)Subsection 10-20-606(3)(a)(i)Provision

Source excerpt

the dwelling is an owner-occupied dwelling or a rental dwelling that is: a detached one-, two-, three-, or four-family dwelling; or a town home that is not more than three stories above grade with a separate means of egress; and

Section 10-20-606(3)(a)(i)Verify source

§ 10-20-606(3)(a)(i)(A)Subsection 10-20-606(3)(a)(i)(A)Provision

Source excerpt

a detached one-, two-, three-, or four-family dwelling; or

Section 10-20-606(3)(a)(i)(A)Verify source

§ 10-20-606(3)(a)(i)(B)Subsection 10-20-606(3)(a)(i)(B)Provision

Source excerpt

a town home that is not more than three stories above grade with a separate means of egress; and

Section 10-20-606(3)(a)(i)(B)Verify source

§ 10-20-606(3)(a)(ii)Subsection 10-20-606(3)(a)(ii)Provision

Source excerpt

the window in the existing bedroom is smaller than that required by current State Construction Code; and the change would compromise the structural integrity of the structure or could not be completed in accordance with current State

Section 10-20-606(3)(a)(ii)Verify source

§ 10-20-606(3)(a)(ii)(A)Subsection 10-20-606(3)(a)(ii)(A)Provision

Source excerpt

the window in the existing bedroom is smaller than that required by current State Construction Code; and

Section 10-20-606(3)(a)(ii)(A)Verify source

§ 10-20-606(3)(a)(ii)(B)Subsection 10-20-606(3)(a)(ii)(B)Provision

Source excerpt

the change would compromise the structural integrity of the structure or could not be completed in accordance with current State Construction Code, including set-back and window well requirements.

Section 10-20-606(3)(a)(ii)(B)Verify source

§ 10-20-606(3)(b)Subsection 10-20-606(3)(b)Provision

Source excerpt

Subsection (3)(a) does not apply to an internal accessory dwelling unit.

Section 10-20-606(3)(b)Verify source

§ 10-20-606(4)Subsection 10-20-606(4)Provision

Source excerpt

Nothing in this section prohibits a municipality from: regulating the style of window that is required or allowed in a bedroom; requiring that a window in an existing bedroom be fully openable if the openable area is less than required by current State Construction Code; or requiring that an existing window not be reduced in size if the openable area is smaller than required by current State Construction Code.

Section 10-20-606(4)Verify source

§ 10-20-606(4)(a)Subsection 10-20-606(4)(a)Provision

Source excerpt

regulating the style of window that is required or allowed in a bedroom;

Section 10-20-606(4)(a)Verify source

§ 10-20-606(4)(b)Subsection 10-20-606(4)(b)Provision

Source excerpt

requiring that a window in an existing bedroom be fully openable if the openable area is less than required by current State Construction Code; or

Section 10-20-606(4)(b)Verify source

§ 10-20-606(4)(c)Subsection 10-20-606(4)(c)Provision

Source excerpt

requiring that an existing window not be reduced in size if the openable area is smaller than required by current State Construction Code.

Section 10-20-606(4)(c)Verify source

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Utah Code § 10-20-606, 2015

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