15A-3-103. Amendments to Chapters 4 through 6 of IBC.

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Effective 7/1/2026

(1)IBC Section 403.5.5 is deleted.

(2)In IBC, Section 404.5, Exception 2.3 is added as follows:

"2.3 The atrium does not contain any means of egress component above the two lowest stories."

(3)In IBC, Section 407.2.5, the words "and assisted living facility" are added in the title and first sentence after the words "nursing home."

(4)In IBC, Section 407.2.6, the words "and assisted living facility" are added in the title after the words "nursing home."

(5)In IBC, Section 407.3.1.1, Item 3 is deleted and replaced with the following:

"3. To provide makeup air for exhaust systems in accordance with Section 1020.6, Exception 1, doors to toilet rooms, bathrooms, shower rooms, sink closets, and similar auxiliary spaces that do not contain flammable or combustible materials are permitted to have louvers or an undercut of 2/3 inch (19.1 mm) maximum."

(6)In IBC, Section 407.4.1, Exception 3 is added as follows:

"3. Only one exit access with direct access to a corridor is required from an assisted living facility, single resident sleeping unit that consists of a living space and one or two separate sleeping rooms. For other than closets, toilet and shower rooms, occupants may not be required to pass through more than one room before reaching the exit access."

(7)In IBC, Section 407.4.3, the words "and assisted living facility" are added in the title and after the words "nursing home."

(8)In IBC, Section 407.11, a new exception is added as follows:

"Exception: An essential electrical system is not required in assisted living facilities."

(9)In IBC, Section 412.3.1, a new exception is added as follows:

"Exception: Aircraft hangars of Type I or II construction that are less than 5,000 square feet (464.5m2) in area."

(10)A new IBC, Section 422.2.1, is added as follows:

"422.2.1 Separations: Ambulatory care facilities licensed by the Department of Health and Human Services shall be separated from adjacent tenants with a fire partition having a minimum one hour fire-resistance rating. Any level below the level of exit discharge shall be separated from the level of exit discharge by a horizontal assembly having a minimum one hour fire-resistance rating.

Exception: A fire barrier is not required to separate the level of exit discharge when:

1. Such levels are under the control of the Ambulatory Care Facility.

2. Any hazardous spaces are separated by horizontal assembly having a minimum one hour fire-resistance rating."

(11)A new, IBC Section 429, Day Care, is added as follows:

"429.1 Applicability. The provisions of Sections 429.1 through 429.5 and other applicable provisions of this code shall apply to all occupancies containing day care facilities.

429.2 Definitions.

429.2.1 Adult Day Care. Nonresidential care and supervision for three or more adults for at least four but less than 24 hours a day and that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational and related support services in a protective setting. For more information, refer to Utah Administrative Code, R501-13, Adult Day Care.

429.2.2 Commercial Preschool Program. A facility where child care is provided for direct or indirect compensation on an ongoing basis in the absence of the child's parent for five or more unrelated children between the ages of two and five years old, for four or more hours, but not exceeding 24 hours a day, is not on a regular schedule, and is in a place other than the provider's or child's home. For more information, refer to Utah Administrative Code, R381-40, Commercial Preschool Programs.

429.2.3 Hourly Child Care Center. A facility where child care is provided for direct or indirect compensation on an ongoing basis in the absence of the child's parent for five or more unrelated children, for four or more hours, but not exceeding 24 hours a day, is not on a regular schedule, and is in a place other than the provider's or child's home. For more information, please refer to Utah Administrative Code, R381-60, Hourly Child Care Centers.

429.2.4 Out-of-School-Time Child Care Program. A facility where child care is provided for direct or indirect compensation on an ongoing basis in the absence of the child's parent for five or more unrelated children who are at least five years old for less than 24 hours a day, in a place that is not the provider's or child's home. For more information refer to Utah Administrative Code, R381-70, Out-of-School-Time Child Care Programs.

429.2.5 Child Care Center. A facility where child care is provided in the absence of the child's parent on an ongoing basis for direct or indirect compensation for five or more unrelated children of any age for less than 24 hours a day in a place that is not the provider's or child's home. For more information refer to Utah Administrative Code, R381-100, Child Care Centers.

429.2.6 Residential Certificate Child Care. A facility where child care is provided for direct or indirect compensation on an ongoing basis for four or more hours a day but less than 24 hours a day, for eight or fewer children or up to ten children including the provider's own children, of any age within a dwelling that is also the provider's home. For more information, refer to Utah Administrative Code, R381-50, Residential Certificate Child Care.

429.2.7 Licensed Family Child Care. A facility where child care is provided for direct or indirect compensation on an ongoing basis, in the absence of a child's parent, for four or more hours a day but less than 24 hours a day, for nine or more unrelated children of any age, within a dwelling that is also the provider's home. For more information, please refer to Utah Administrative Code, R381-90, Licensed Family Child Care.

429.3 Day Care Facilities.

429.3.1 Detailed Requirements. In addition to the occupancy and construction requirements in this code, the additional provisions of this section shall apply to all day care in accordance with Utah Administrative Code, R710-8, Day Care Rules.

429.3.2 Emergency Evacuation. A fire escape plan shall be completed and posted in a conspicuous place. All staff shall be trained on the fire escape plan and procedure. Emergency evacuation drills shall be completed in accordance with the International Fire Code and Utah Administrative Code, R710-8, Day Care Rules.

429.3.3 Occupancy Classification. Buildings or areas within a building containing a commercial preschool program, hourly child care center, out-of-school-time child care program or a child care center shall comply with the requirements of Group I-4, Group E, or the primary occupancy, whichever is applicable for the type of facility. Buildings or areas within a building containing a residential certificate child day care or a licensed family child day care shall be classified as Residential Group R-3 or shall comply with the International Residential Code.

429.3.3.1 Child day care facilities having four or fewer children receiving care in a dwelling unit may be located in a Group R-2 occupancy.

429.3.4 Group E Occupancies.

429.3.4.1 Stories containing a Group E child day care occupancy shall be located at the level of exit discharge.

429.3.4.2 Child day care spaces for children over the age of two may be located one story above the level of exit discharge in buildings equipped with a 903.3.1.1 NFPA 13 sprinkler system throughout and the building is protected by an automatic fire detection system installed in accordance with Section 907.429.3.4.3. All Group E child day care spaces with an occupant load of more than 10 shall have a second means of egress. If the second means of egress is not an exit door leading directly to the exterior, the room shall have an emergency escape and rescue window complying with Chapter 10.

429.4 Child day care facilities located in a dwelling.

429.4.1 Each story of a dwelling used for child day care shall have two separate means of egress placed a distance apart equal to but not less than one-half of the length of the maximum overall diagonal dimension of the dwelling measured in a straight line between them.

429.4.1.1 Where child day care is located one story above or below the level of exit discharge, one of the exits shall discharge directly to the outside.

429.4.1.2 Child day care located on a level of exit discharge may use an emergency escape and rescue opening as one of the exits where approved by the authority having jurisdiction.

429.4.2 Emergency Evacuation Drills shall be completed as required in IFC, Chapter 4, Section 405.

429.4.3 Child day care shall not be located on a story more than two stories above grade.

429.4.4 Child day care for children under the age of two shall not be located on any level other than a level of exit discharge.

429.4.4.1 Child day care for children under the age of two may be located above or below the first story where at least one exit leads directly to outside.

429.4.5 Child day care facilities located in a split entry or split level type dwelling in which stairs to both levels are equal or nearly equal may be located on both levels when approved by the authority having jurisdiction.

429.4.6 Child day care facilities located in a dwelling shall have a portable fire extinguisher on each level with a classification of not less than 2A:10BC, and shall be serviced in accordance with NFPA 10, Standard for Portable Fire Extinguishers.

429.4.7 Child day care facilities located in a dwelling shall have single station smoke detectors in good operating condition on each level.

429.4.8 Rooms that are used for sleeping or napping shall have at least one emergency escape and rescue opening.

429.4.9 Fire drills shall be conducted in family day care units quarterly and shall include the complete evacuation from the building of all clients and staff. At least annually, in Type I family day care units, the fire drill shall include the actual evacuation using the escape or rescue window, if one is used as a substitute for one of the required means of egress.

429.5 Requirements for all Day Care.

429.5.1 Heating equipment, fireplaces, and cooking equipment in spaces occupied by children shall be provided with partitions, screens, or other means to protect children from hot surfaces and open flames.

429.5.2 A fire escape plan shall be completed and posted in a conspicuous place. All staff shall be trained on the fire escape plan and procedure."

(12)In IBC, Section 504.4, a new section is added as follows:

"504.4.1 Group I-2 Assisted Living Facilities. Notwithstanding the allowable number of stories permitted by Table 504.4 Group I-2 Assisted Living Facilities of type VA, construction shall be allowed on each level of a two-story building when all of the following apply:

1. The total combined area of both stories does not exceed the total allowable area for a one-story, above grade plane building equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.

2. All other provisions that apply in Section 407 have been provided."

(13)A new IBC, Section 504.5, is added as follows:

"504.5 Group 1-2 Secured areas in Assisted Living Facilities. In Type IIIB, IV, and V construction, all areas for the use and care of residents required to be secured shall be located on the level of exit discharge with door operations in compliance with Section 1010.2.14."

Amended by Chapter 47 , 2026 General Session