63A-5b-1208. Inspection verification and monitoring.

799 words·~4 min read·/ut/title-63a/chapter-5b/63a-5b-1208

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

Effective 7/1/2026

(1)The division shall establish inspection verification procedures that:

(a)go beyond simple attestation to verify actual compliance;

(b)include regular monitoring of inspection documentation;

(c)provide mechanisms for addressing noncompliance; and

(d)coordinate with local governmental entities as required by law, including Sections 10-9a-305 and 17-27a-305 .

(2)Before beginning construction, an LEA shall:

(a)provide all required notices in accordance with Section 53E-3-703 ;

(b)obtain all required permits from the division in accordance with Section 63A-5b-1218 ;

(c)submit complete construction documents to the division;

(d)demonstrate compliance with division rules and policies; and

(e)provide evidence of qualified inspection arrangements that meet the requirements described in Subsection 63A-5b-1220 .

(3)During construction, an LEA shall:

(a)use qualified, certified inspectors the division approves for all required inspections;

(b)submit inspection reports through the online system described in Section 63A-5b-1207 ;

(c)notify the division of any significant changes or issues;

(d)maintain detailed inspection records;

(e)coordinate with local building officials;

(f)as required, provide special inspection reports for all International Building Code, Chapter 17, requirements;

(g)submit structural observation reports for buildings with an occupancy greater than 250; and

(h)document correction of all deficiencies before proceeding.

(4)The division may:

(a)conduct random audits of inspection procedures;

(b)require additional inspections when warranted;

(c)review and approve alternative inspection arrangements; and

(d)suspend construction permits for serious violations.

(5)Upon completion of construction and verification of all required inspections, the division shall issue a certificate authorizing permanent occupancy if:

(a)all required inspections have been completed by qualified inspectors on the division's approved roster;

(b)all inspection reports verify compliance with applicable codes and standards;

(c)all identified deficiencies have been corrected and documented;

(d)the LEA has submitted all required closeout documentation through the online system described in Section 63A-5b-1207 ;

(e)structural observation reports have been submitted for buildings with an occupancy greater than 250 as required under Subsection (3)(g) ;

(f)special inspection reports verify compliance with all International Building Code, Chapter 17, requirements; and

(g)the project complies with mandatory safety and security standards established by the state security chief under Section 53-22-102 .

(6)The division shall:

(a)review occupancy certificate applications within 10 business days of receiving complete documentation;

(b)issue written certificates that include:

(i)the project address and description;

(ii)the authorized occupancy type and capacity;

(iii)verification that all inspections confirm code compliance;

(iv)the effective date of the certificate; and

(v)any conditions or limitations on occupancy;

(c)maintain a database of all occupancy certificates issued; and

(d)provide copies of certificates to:

(i)the LEA;

(ii)the municipality or county where the facility is located; and

(iii)the local fire authority.

(a)A certificate authorizing permanent occupancy issued by the division under this section:

(i)is the exclusive certificate required for public school facilities subject to this part;

(ii)satisfies all municipal and county occupancy requirements under Sections 10-20-304 and 17-79-305 ; and

(iii)authorizes the LEA to occupy and use the facility for educational purposes.

(b)Municipalities and counties shall accept the division's certificate without requiring additional local certificates of occupancy.

(8)If the division determines that a facility does not meet requirements for occupancy, the division shall:

(a)deny the occupancy certificate application;

(b)provide written explanation of all deficiencies requiring correction;

(c)specify a timeline for the LEA to address deficiencies; and

(d)allow the LEA to resubmit for occupancy certification after corrections are made.

(9)The LEA shall notify the division within 10 days of beginning occupancy of any facility for which the division has issued an occupancy certificate.

(10)For temporary or partial occupancy during construction:

(a)an LEA may request a temporary certificate of occupancy from the division;

(b)the division may issue a temporary certificate if:

(i)the portion to be occupied meets all safety and code requirements;

(ii)the LEA demonstrates that temporary occupancy will not create safety hazards;

(iii)appropriate separation exists between occupied and construction areas; and

(iv)the LEA provides a timeline for completing remaining work; and

(c)temporary certificates expire upon the earlier of:

(i)issuance of a permanent occupancy certificate; or

(ii)180 days from issuance, unless extended by the division for good cause.

(11)An LEA may appeal the following determinations under this section to the appeals panel established under Section 63A-5b-1221 :

(a)denial of occupancy certificates under Subsection

(8);

(b)conditions or limitations imposed on occupancy under Subsection (6)(b)(v) ;

(c)denial of temporary occupancy certificates under Subsection

(10);

(d)requirements for additional inspections under Subsection (4)(b) ; and

(e)determinations that deficiencies shall be corrected before occupancy.

Enacted by Chapter 225 , 2026 General Session