Zoning Enforcement: Relief from the Hill

A couple of years ago a friend of mine was in a dispute about basement window egress in one of his rental properties in Ogden.  Current code requires that basement window openings be 5.7 square feet and that there be a window well.  The code also stipulates that if the basement was refinished anytime after the original build date, the windows must be brought into conformance with this provision.  EMAIL ME FOR A COPY OF OGDEN'S WINDOW EGRESS POLICY.  Fortunately, through some vigorous discussions, we were able to get my friend a variance due to the fact that the home was 90 years old and installing window wells would prove to be a problem for his driveway.

However, it so happens that other cities in Utah have not been as cooperative in negotiating some of the problems associated with old houses and how they relate to new building codes.  Hence, a representative from Utah County created a bill which was passed in the Legislature and will become law soon.  That new law is SB178.

Here is an excerpt:

79(6) A municipal ordinance adopted under Section 10-1-203 may not:
80 (a) require physical changes in a structure with a legal nonconforming rental housing
81 use[; or] unless the change is for:
82 (i) the reasonable installation of:
83 (A) a smoke detector that is plugged in or battery operated;
84 (B) a ground fault circuit interrupter protected outlet on existing wiring;
85 (C) street addressing;
86 (D) except as provided in Subsection (7), an egress bedroom window if the existing
87 bedroom window is smaller than ۼ [5.7 square feet] that required by current state building
87a code »€ ;
88 (E) an electrical system or a plumbing system, if the existing system is not functioning
89 or is unsafe as determined by an independent electrical or plumbing professional who is
90 licensed in accordance with Title 58, Occupations and Professions;
91 (F) hand or guard rails; or
92 (G) €º [fire suppression] occupancy separation »€ doors as required by the International
92a Residential Code; or
93 (ii) the abatement of a structure; or
94 (b) be enforced to terminate a legal nonconforming rental housing use.
95 (7) A municipality may not require a change described in Subsection (6)(a)(i)(D) if the
96 change:
97 (a) would compromise the structural integrity of a building; or
98 (b) could not be completed in accordance with current building codes, including
99 set-back and window well requirements.

Section 7 gives some relief to owners in light of many of the old structures in the State.  My own home will benefit from this provision if it ever becomes a rental property.  My foundation is made of quarried granite blocks.  If I were to meet current code I would have to cut through those to make my windows bigger. In turn, that would create structural instability.  The windows are large enough for a person to climb out but they do not meet today's rigorous codes.  I believe that this new law will add some common sense to the discussion for city zoning inspectors trying to create a safe housing environment.