HB 41

Enrolled Copy  H.B. 41
1Construction and Fire Codes Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Thomas W. Peterson
  Senate Sponsor: Evan J. Vickers
2
3  LONG TITLE
4  General Description:
5      This bill modifies the State Construction Code.
6  Highlighted Provisions:
7      This bill:
8      ▸ amends the State Construction Code to address updated standards in the International
9  Wildland-Urban Interface Code;
10      ▸ modifies the International Wildland-Urban Interface Code;
11      ▸ delays the fee a county officer annually assesses against the property owner of high risk
12  wildland urban interface property within the incorporated and unincorporated portions of
13  a county;
14      ▸ requires the division to:
15●   provide a copy and explanation of the wildfire risk assessment mapping tool;
16●   give each county opportunity to provide written recommended changes to the wildfire
17  risk assessment mapping tool; and
18●   implement the county's written recommended changes or provide a written response to
19  the county justifying the division's rejection of the county's written recommended
20  changes; and
21      ▸ makes technical and conforming changes.
22  Money Appropriated in this Bill:
23      None
24  Other Special Clauses:
25      This bill provides a special effective date.
26  Utah Code Sections Affected:
27  AMENDS:
H.B. 41  Enrolled Copy
2815A-2-102 (Effective 01/01/27), as last amended by Laws of Utah 2023, Chapter 95
2915A-2-103 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 532
3017E-7-401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
31First Special Session, Chapter 14
3265A-8-203 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 74
33   ENACTS:
3415A-3-1101 (Effective 01/01/27), Utah Code Annotated 1953
35
36   Be it enacted by the Legislature of the state of Utah:
37Section 1. Section 15A-2-102 is amended to read:
3815A-2-102 (Effective 01/01/27). Definitions.
39      As used in this chapter, Chapter 3, Statewide Amendments Incorporated as Part of State
40   Construction Code, and Chapter 4, Local Amendments Incorporated as Part of State
41   Construction Code:
42   (1) "HUD Code" means the Federal Manufactured Housing Construction and Safety
43Standards Act, as issued by the Department of Housing and Urban Development and
44published in 24 C.F.R. Parts 3280 and 3282 (as revised April 1, 1990).
45   (2) "IBC" means the edition of the International Building Code adopted under Section
4615A-2-103.
47   (3) "IEBC" means the edition of the International Existing Building Code adopted under
48Section 15A-2-103.
49   (4) "IECC" means the edition of the International Energy Conservation Code adopted under
50Section 15A-2-103.
51   (5) "IFGC" means the edition of the International Fuel Gas Code adopted under Section
5215A-2-103.
53   (6) "IMC" means the edition of the International Mechanical Code adopted under Section
5415A-2-103.
55   (7) "IPC" means the edition of the International Plumbing Code adopted under Section
5615A-2-103.
57   (8) "IRC" means the edition of the International Residential Code adopted under Section
5815A-2-103.
59   (9) "ISPSC" means the edition of the International Swimming Pool and Spa Code adopted
60under Section 15A-2-103.
61   (10) "IWUIC" means the edition of the International Wildland-Urban Interface Code
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62      adopted under Section 15A-2-103.
63  [(10)] (11) "NEC" means the edition of the National Electrical Code adopted under Section
64      15A-2-103.
65  [(11) "UWUI" means the edition of the Utah Wildland Urban Interface Code adopted under
66      Section 15A-2-103.]
67Section 2. Section 15A-2-103 is amended to read:
6815A-2-103 (Effective 01/01/27). Specific editions adopted of construction code of
69  a nationally recognized code authority.
70  (1) Subject to the other provisions of this part, the following construction codes are
71      incorporated by reference, and together with the amendments specified in Chapter 3,
72      Statewide Amendments Incorporated as Part of State Construction Code, and Chapter 4,
73      Local Amendments Incorporated as Part of State Construction Code, are the
74      construction standards to be applied to building construction, alteration, remodeling, and
75      repair, and in the regulation of building construction, alteration, remodeling, and repair
76      in the state:
77      (a) the 2021 edition of the International Building Code, including Appendices C and J,
78issued by the International Code Council;
79      (b) the 2021 edition of the International Residential Code, issued by the International
80Code Council;
81      (c) Appendix AQ of the 2021 edition of the International Residential Code, issued by the
82International Code Council;
83      (d) the 2021 edition of the International Plumbing Code, issued by the International
84Code Council;
85      (e) the 2021 edition of the International Mechanical Code, issued by the International
86Code Council;
87      (f) the 2021 edition of the International Fuel Gas Code, issued by the International Code
88Council;
89      (g) the 2023 edition of the National Electrical Code, issued by the National Fire
90Protection Association;
91      (h) the 2021 edition of the International Energy Conservation Code, issued by the
92International Code Council;
93      (i) the 2021 edition of the International Existing Building Code, issued by the
94International Code Council;
95      (j) subject to Subsection 15A-2-104(2), the HUD Code;
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96(k) subject to Subsection 15A-2-104(1), Appendix AE of the 2021 edition of the
97International Residential Code, issued by the International Code Council;
98(l) subject to Subsection 15A-2-104(1), the 2005 edition of the NFPA 225 Model
99Manufactured Home Installation Standard, issued by the National Fire Protection
100Association;
101(m) subject to Subsection (3), for standards and guidelines pertaining to plaster on a
102historic property, as defined in Section 9-8a-302, the U.S. Department of the Interior
103Secretary's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
104Buildings;
105(n) the residential provisions of the 2021 edition of the International Swimming Pool
106and Spa Code, issued by the International Code Council; and
107(o) Modular Building Institute Standards 1200 and 1205, issued by the International
108Code Council, except as modified by provisions of this title governing modular units.
109   (2) Consistent with Title 65A, Chapter 8, Management of Forest Lands and Fire Control,
110the Legislature adopts the [2006] 2024 edition of the [Utah Wildland Urban] International
111Wildland-Urban Interface Code, issued by the International Code Council[, with the
112alternatives or amendments approved by the Utah Division of Forestry, Fire, and State
113Lands, as a construction code that may be adopted by a local compliance agency by
114local ordinance or other similar action as a local amendment to the codes listed in this
115section].
116   (3) The standards and guidelines described in Subsection (1)(m) apply only if:
117(a) the owner of the historic property receives a government tax subsidy based on the
118property's status as a historic property;
119(b) the historic property is wholly or partially funded by public money; or
120(c) the historic property is owned by a government entity.
121Section 3. Section 15A-3-1101 is enacted to read:
12215A-3-1101 (Effective 01/01/27). General provisions.
123   (1) In IWUIC, Section 302.1, the following sentence is added at the end of the section:
124"Unless approved by the Division of Forestry, Fire, and State Lands no designated
125wildland-urban interface areas shall be below the risk category 5 threshold of the
126Smoothed Structure Exposure Score map found on the Utah Wildfire Risk Explorer
127Website."
128   (2) In IWUIC, Section 602 is deleted.
129Section 4. Section 17E-7-401 is amended to read:
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13017E-7-401 (Effective 05/06/26). Wildland urban interface evaluation and fees.
131  (1) As used in this section:
132      (a) "County officer" means the same as that term is defined in Section 17-66-101.
133      (b) "High risk wildland urban interface property" means the same as that term is defined
134in Section 65A-8-401.
135      (c) "Wildland urban interface" means the same as that term is defined in Section
13665A-8-401.
137      (d) "Wildland urban interface coordinator" means the same as that term is defined in
138Section 65A-8-401.
139  (2) If evaluation of high risk wildland urban interface property is assigned to a county under
140      Section 65A-8-402:
141      (a) the county shall enter into a cooperative agreement with the Division of Forestry,
142Fire, and State Lands, in accordance with Subsection 65A-8-203(2)(a), which
143agreement shall address compliance with this Subsection (2) for evaluation and
144classification of high risk wildland urban interface property; and
145      (b) a county officer shall require that a wildland urban interface coordinator representing
146the county annually evaluate high risk wildland urban interface property within the
147county in accordance with Section 65A-8-402.
148  (3) Beginning [January 1, 2026] January 1, 2027, a county officer shall:
149      (a) annually assess a fee:
150(i) against the property owner of high risk wildland urban interface property within
151the incorporated and unincorporated portions of the county; and
152(ii) in the amount set by the Division of Forestry, Fire, and State Lands under Section
15365A-8-402; and
154      (b)(i) after retaining a portion of the fee under Subsection (3)(b)(ii), transmit the fee
155assessed under Subsection (3)(a) to the Division of Forestry, Fire, and State Lands
156for deposit into the Utah Wildfire Fund created in Section 65A-8-217; and
157(ii) retain that portion of the fee assessed under Subsection (3)(a) necessary to pay
158costs incurred by the county in implementing this section, which the county may
159include in the county's annual accounting of wildfire prevention, preparedness,
160mitigation actions, and associated costs for purposes of Subsection
16165A-8-203(4)(c).
162  (4) A county may hold a political subdivision lien on high risk wildland urban interface
163      property for a fee that is past due by following the procedures in Sections 17B-1-902
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164and 17B-1-902.1, as if the county is a special district.
165Section 5. Section 65A-8-203 is amended to read:
16665A-8-203 (Effective 05/06/26). Cooperative fire protection agreements.
167   (1) As used in this section, "eligible entity" means:
168(a) a county, a municipality, or a special service district, special district, or service area
169with:
170(i) wildland fire suppression responsibility as described in Section 11-7-1; and
171(ii) wildland fire suppression cost responsibility and taxing authority for a specific
172geographic jurisdiction; or
173(b) upon approval by the director, a political subdivision established by a county,
174municipality, special service district, special district, or service area that is
175responsible for:
176(i) providing wildland fire suppression services; and
177(ii) paying for the cost of wildland fire suppression services.
178   (2)(a) The governing body of any eligible entity may enter into a cooperative agreement
179with the division to receive financial and wildfire management cooperation and
180assistance from the division, as described in this part.
181(b) A cooperative agreement shall last for a term of no more than five years and be
182renewable if the eligible entity continues to meet the requirements of this chapter.
183   (3)(a) The state shall assume an eligible entity's cost of suppressing catastrophic wildfire
184as defined in the cooperative agreement if the eligible entity has entered into, and is
185in full compliance with, a cooperative agreement with the division, as described in
186this section.
187(b) A county or municipality that is not covered by a cooperative agreement with the
188division, as described in this section, shall be responsible for wildland fire costs
189within the county or municipality's jurisdiction, as described in Section 65A-8-203.2.
190   (4) To enter into a cooperative agreement with the division, the eligible entity shall:
191(a) require that the fire department or equivalent fire service provider under contract
192with, or delegated by, the eligible entity on unincorporated land meet minimum
193standards for wildland fire training, certification, and suppression equipment based
194upon nationally accepted standards as specified by the division;
195(b) invest in prevention, preparedness, and mitigation efforts, as agreed to with the
196division, that will reduce the eligible entity's risk of catastrophic wildfire;
197(c)(i) file with the division an annual accounting of wildfire prevention, preparedness,
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198mitigation actions, and associated costs;
199(ii) meet the eligibility entity's participation commitment by making direct payments
200to the division; or
201(iii) do a combination of Subsections (4)(c)(i) and (ii);
202      (d) return the financial statement described in Subsection (6), signed by the chief
203executive of the eligible entity, to the division on or before the date set by the
204division;
205      (e) if the eligible entity is a county, have a designated fire warden as described in
206Section 65A-8-209.1;
207      (f) subject to Subsection (9), adopt and enforce the wildland urban interface building
208standards, as defined in Section 65A-8-401, if the eligible entity is a:
209(i) county for purposes of an unincorporated area within the county; or
210(ii) municipality for an incorporated area within a county; and
211      (g) if the eligible entity is a county, comply with Section 17-16-22.
212  (5)(a) The state forester may execute a cooperative agreement with the eligible entity.
213      (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
214Administrative Rulemaking Act, governing the:
215(i) cooperative agreements described in this section;
216(ii) manner in which an eligible entity shall provide proof of compliance with
217Subsection (4);
218(iii) manner by which the division may revoke a cooperative agreement if an eligible
219entity ceases to meet the requirements described in this section;
220(iv) accounting system for determining suppression costs;
221(v) manner in which the division shall determine the eligible entity's participation
222commitment; and
223(vi) manner in which an eligible entity may appeal a division determination of
224participation commitment.
225  (6)(a) The division shall send a financial statement to each eligible entity participating in
226      a cooperative agreement that details the eligible entity's participation commitment for
227      the coming fiscal year, including the prevention, preparedness, and mitigation actions
228      agreed to under Subsection (4)(b).
229      (b) Each eligible entity participating in a cooperative agreement shall:
230(i) have the chief executive of the eligible entity sign the financial statement, or the
231legislative body of the eligible entity approve the financial statement by
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232resolution, confirming the eligible entity's participation for the upcoming year; and
233(ii) return the financial statement to the division, on or before a date set by the
234division.
235(c) A financial statement shall be effective for one calendar year, beginning on the date
236set by the division, as described in Subsection (6)(b).
237   (7)(a) An eligible entity may revoke a cooperative agreement before the end of the
238cooperative agreement's term by:
239(i) informing the division, in writing, of the eligible entity's intention to revoke the
240cooperative agreement; or
241(ii) failing to sign and return its annual financial statement, as described in
242Subsection (6)(b), unless the director grants an extension.
243(b) An eligible entity may not revoke a cooperative agreement before the end of the term
244of a signed annual financial statement, as described in Subsection (6)(c).
245   (8)(a) The division shall develop and maintain a wildfire risk assessment mapping tool
246that is online and publicly accessible.
247(b) The division shall analyze and establish by rule, made in accordance with Title 63G,
248Chapter 3, Utah Administrative Rulemaking Act, boundaries for high risk wildland
249urban interface property and what constitutes wildland urban interface property that
250is not high risk within the wildfire risk assessment mapping tool described in
251Subsection (8)(a):
252(i) using a scientific assessment; and
253(ii) that is focused on the risk to dwellings within the wildland urban interface area.
254(c) With regard to the categories used within the wildfire risk assessment mapping tool
255described in Subsection (8)(a), the division may adjust the assessment for
256participation commitments if the adjustment is based on the Consumer Price Index
257for All Urban Consumers as published by the Bureau of Labor Statistics of the
258United States Department of Labor, in accordance with a formula established by the
259division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
260Rulemaking Act.
261(d) Notwithstanding Subsection (8)(a), the division shall:
262(i)(A) for the wildfire risk assessment mapping tool that the division has adopted
263before the effective date of this section, provide a copy and explanation of the
264wildfire risk assessment mapping tool to each county on or before August 6,
2652026; and
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266(B) for a wildfire risk assessment mapping tool that the division adopts on or after
267the effective date of this section which expands the boundary of the high risk
268wildland urban interface, provide a copy and explanation of the expansion of
269the boundary of the high risk wildland urban interface to each impacted county
270at least 60 days before adopting the change to the wildfire risk assessment
271mapping tool;
272(ii) give each impacted county 30 days after the day on which the division complies
273with Subsection (8)(d)(i) to provide the division written recommended changes;
274(iii) within 30 days after the day on which the division receives the impacted county's
275written recommended changes:
276(A) implement the impacted county's written recommended changes to the
277wildfire risk assessment mapping tool;
278(B) provide a written response to the impacted county justifying the division's
279modification of the county's written recommended changes to the wildfire risk
280assessment mapping tool; or
281(C) provide a written response to the impacted county justifying the division's
282rejection of the impacted county's written recommended changes to the
283wildfire risk assessment mapping tool; and
284(iv) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
285make rules to administer and enforce this Subsection (8)(d).
286  (9)(a) If the state under Section 15A-2-103 adopts an edition of the Utah Wildland
287      Urban Interface Code, issued by the International Code Council, with the alternatives
288      or amendments approved by the division, as a wildland urban interface building
289      standard that may be adopted by a local compliance agency:
290(i) for purposes of an unincorporated area within a county, the county shall adopt and
291enforce the wildland urban interface building standard described in this
292Subsection (9)(a); and
293(ii) for purposes of an incorporated area within a county, the relevant municipality
294shall adopt and enforce the wildland urban interface building standard described
295in this Subsection (9)(a).
296      (b) If a county or municipality fails to comply with Subsections (4)(f) and (9)(a), the
297division may choose to not pay costs of the county or municipality under a
298cooperative agreement executed under this section.
299      (c)(i) If the state adopts a different wildland urban interface building standard than
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300was previously adopted under Section 15A-2-103, a county or municipality has
301two years from the date the state adopts the different wildland urban interface
302building standard to adopt the appropriate wildland urban interface building
303standard.
304(ii) If a county or municipality fails to adopt the appropriate wildland urban interface
305building standard within the time period described in Subsection (9)(c)(i), the
306division may choose to not pay costs of the county or municipality under a
307cooperative agreement executed under this section beginning two years from the
308day on which the state adopts the different wildland urban interface building
309standard and until such time as the county or municipality adopts the appropriate
310wildland urban interface building standard.
311   (10)(a) The division may by rule, made in accordance with Title 63G, Chapter 3, Utah
312Administrative Rulemaking Act, establish criteria for community wildfire
313preparedness plans addressing wildland urban interface. The criteria shall require
314action that is:
315(i) qualitative and quantitative; and
316(ii) leads to reduced wildfire risk.
317(b) An eligible entity shall agree to implement prevention, preparedness, and mitigation
318actions identified in a community wildfire preparedness plan addressing wildland
319urban interface that is approved by the division.
320Section 6. Effective Date.
321   (1) Except as provided in Subsection (2), this bill takes effect January 1, 2027.
322   (2) The actions affecting the following sections take effect on May 6, 2026:
323(a) Section 17E-7-401 (Effective 05/06/26); and
324(b) Section 65A-8-203 (Effective 05/06/26).
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