53-30-201. Certification process.

345 words·~2 min read·/ut/title-53/chapter-30/53-30-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)In accordance with the provisions of this section, an individual may submit an application to a certifying officer for a written determination that each improvement the applicant identifies in the application is a security improvement.

(b)An applicant shall include in an application for certification:

(i)the applicant's name; and

(ii)evidence supporting the applicant's assertion that the applicant is a protected person and that each proposed improvement is a security improvement, including:

(A)a legal description of the real property that the applicant asserts is protected property;

(B)building plans for each proposed security improvement;

(C)if the applicant intends to construct the proposed security improvement beneath an easement, evidence that the applicant provided written notice of the security improvement to each easement holder; and

(D)any other information the department requires.

(2)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:

(a)establishing:

(i)a process for receiving and evaluating applications for certification; and

(ii)the required contents of an application for certification; and

(b)requiring that a certifying officer consult confidentially with a municipal or county building official regarding potential mitigation of any material adverse effects a proposed security improvement would cause if the proposed security improvement would be visible to an individual standing within 500 feet of the protected property.

(3)Within 45 days after the day on which a certifying officer receives an application for certification, the certifying officer shall approve or deny the application for certification.

(4)If the certifying officer approves the application for certification, the certifying officer shall:

(a)provide the applicant with a protection certificate that identifies the protected person, the protected property, and each security improvement; and

(b)within 30 days after the day on which the certifying officer approves the application for certification, notify the applicable police chief or sheriff of the threat made against the protected person.

Enacted by Chapter 364 , 2025 General Session

Technically renumbered to avoid duplication of newly enacted code also in SB0041, Chapter 291.