State housing board - powers and duties - rules

(1) The board has the following powers and duties pursuant to this part 33: (a) To promulgate uniform construction and maintenance standards for hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist; (b) To promulgate uniform construction standards for factory-built residential and nonresidential structures; (c) To develop and submit to the general assembly and local governments recommendations for uniform housing standards and building codes; (d) To promulgate rules establishing standards for the installation and setup of manufactured housing units; (e) To promulgate rules establishing specific standards for the use of private inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions. (f) To promulgate rules establishing standards for tiny homes that cover the manufacture of, assembly of, and installation of tiny homes; (g) To promulgate uniform foundation construction standards for manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and (h) On or before July 1, 2026, to adopt rules: (I) (A) Establishing regional building code standards accounting for local climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board; (B) The regional building codes standards shall include, at a minimum, wind shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements. (II) Establishing requirements based on the recommendations developed by the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division; (III) Establishing requirements based on the recommendations developed by the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities; (A) A building contractor, as defined in section 30-11-125 (1)(a), is not required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and (B) A building contractor, as defined in section 30-11-125 (1)(a), licensed by a local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government; (IV) Covering electrical or plumbing codes required to undertake or complete the construction or installation of a factory-built structure; (V) Allowing the division to contract for third-party review and approval of a final design and construction plan for a factory-built structure on behalf of the division; (VI) Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and (VII) Requiring the division to cause an audit to be performed on a third party that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.