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Utah County delays vote on rewritten fire-prevention code after lengthy discussion over remodel triggers and yurts

Utah County Board of County Commissioners · April 16, 2019
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Summary

County commissioners continued proposed changes to Chapter 9 (fire prevention and protection), asking staff to add a consistent definition of "temporary" and resolve conflicts with state building and fire codes before returning in two weeks.

Utah County commissioners on the regular agenda moved to continue a proposed rewrite of Chapter 9, the countyfire prevention and protection code, after more than an hour of discussion about when remodels must meet current wildland-urban interface (WUI) standards and how the code should treat tents and yurts.

Kirk Bertelsen, Utah County fire marshal, said the review was prompted by earlier conversations about yurts and cabins and that the proposed change would require substantial remodels to meet current WUI standards. "What started all this was the conversation that we've had about the yurts," Bertelsen said, explaining that when a remodel reaches a 50% threshold the code should require installation of fire-suppression systems in high-risk canyon areas.

The proposal would apply existing WUI requirements when a remodel equals or exceeds 50% of a structure—bringing older buildings up to the current standard when the work is effectively a full rebuild. Bertelsen said building-department staff ("Steve") has agreed to be the reviewer who determines whether a given remodel reaches that threshold.

Commissioners also questioned provisions that, as written, could treat temporary tents or membrane structures as permanent "structures" under the code. Bertelsen and others noted that the international building and fire codes define a temporary structure as one sited in a single location for up to 180 days, and warned that without consistent language the county code could conflict with state or model codes.

Robert Moore of the county attorneys office urged caution: he said keeping the word "temporary" is intended "to avoid any conflicts so that this chapter of our county code does not conflict with building codes and fire codes." Commissioners asked staff to add an explicit definition of "temporary" in the county code to match the building and fire codes and to reconcile any cross-code conflicts.

After discussion of yurts, tents, county enforcement practices and how a 50% remodel threshold would be measured, Commissioner 2 moved to continue Item 20 for two weeks to allow staff to add definitions and resolve inconsistencies; Commissioner 3 seconded the motion and it passed 3-0. The county will return the item with revised language and a recommended definition for "temporary" (the building and fire codes reference 180 days).