Utah 2025 Regular Session

Utah Senate Bill SB0272 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ S.B. 272
	1	+	02-13 09:04 S.B. 272
2	2		1
3	3		Micro-education Entity Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Lincoln Fillmore
7		-	House Sponsor: ~~Thomas W. Peterson~~
	7	+	House Sponsor:
8	8		2
9	9
10	10		3
11	11		LONG TITLE
12	12		4
13	13		General Description:
14	14		5
15	15		This bill amends provisions regarding a facility in which a micro-education entity or
16	16		6
17	17		home-based microschool operates.
18	18		7
19	19		Highlighted Provisions:
20	20		8
21	21		This bill:
22	22		9
23	23		▸ expands the types of facilities in which a micro-education entity or home-based
24	24		10
25	25		microschool may operate by expanding the sets of occupancy requirements the facility
26	26		11
27	27		may satisfy;
28	28		12
29	29		▸ removes certain square footage requirements; and
30	30		13
31	31		▸ excludes a micro-education entity or home-based microschool from a definition of
32	32		14
33	33		"school" that subjects schools to certain administrative regulations.
34	34		15
35	35		Money Appropriated in this Bill:
36	36		16
37	37		None
38	38		17
39	39		Other Special Clauses:
40	40		18
41	41		This bill provides a special effective date.
42	42		19
43	43		Utah Code Sections Affected:
44	44		20
45	45		AMENDS:
46	46		21
47	47		10-9a-305 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
48	48		22
49	49		Chapter 464
50	50		23
51	51		17-27a-305 (Effective upon governor's approval), as last amended by Laws of Utah
52	52		24
53	53		2024, Chapter 464
54	54		25
55	55		26B-7-201 (Effective upon governor's approval), as last amended by Laws of Utah 2024,
56	56		26
57	57		Chapter 152
58	58		27
59	59
60	60		28
61		-	Be it enacted by the Legislature of the state of Utah: ~~S.B. 272 Enrolled Copy~~
	61	+	Be it enacted by the Legislature of the state of Utah:
62	62		29
63	63		Section 1. Section 10-9a-305 is amended to read:
64	64		30
65	65		10-9a-305 (Effective upon governor's approval). Other entities required to
	66	+	S.B. 272 S.B. 272 02-13 09:04
66	67		31
67	68		conform to municipality's land use ordinances -- Exceptions -- School districts, charter
68	69		32
69	70		schools, home-based microschools, and micro-education entities -- Submission of
70	71		33
71	72		development plan and schedule.
72	73		34
73	74		(1)(a) Each county, municipality, school district, charter school, special district, special
74	75		35
75	76		service district, and political subdivision of the state shall conform to any applicable
76	77		36
77	78		land use ordinance of any municipality when installing, constructing, operating, or
78	79		37
79	80		otherwise using any area, land, or building situated within that municipality.
80	81		38
81	82		(b) In addition to any other remedies provided by law, when a municipality's land use
82	83		39
83	84		ordinance is violated or about to be violated by another political subdivision, that
84	85		40
85	86		municipality may institute an injunction, mandamus, abatement, or other appropriate
86	87		41
87	88		action or proceeding to prevent, enjoin, abate, or remove the improper installation,
88	89		42
89	90		improvement, or use.
90	91		43
91	92		(2)(a) Except as provided in Subsection (3), a school district or charter school is subject
92	93		44
93	94		to a municipality's land use ordinances.
94	95		45
95	96		(b)(i) Notwithstanding Subsection (3), a municipality may:
96	97		46
97	98		(A) subject a charter school to standards within each zone pertaining to setback,
98	99		47
99	100		height, bulk and massing regulations, off-site parking, curb cut, traffic
100	101		48
101	102		circulation, and construction staging; and
102	103		49
103	104		(B) impose regulations upon the location of a project that are necessary to avoid
104	105		50
105	106		unreasonable risks to health or safety, as provided in Subsection (3)(f).
106	107		51
107	108		(ii) The standards to which a municipality may subject a charter school under
108	109		52
109	110		Subsection (2)(b)(i) shall be objective standards only and may not be subjective.
110	111		53
111	112		(iii) Except as provided in Subsection (7)(d), the only basis upon which a
112	113		54
113	114		municipality may deny or withhold approval of a charter school's land use
114	115		55
115	116		application is the charter school's failure to comply with a standard imposed under
116	117		56
117	118		Subsection (2)(b)(i).
118	119		57
119	120		(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of
120	121		58
121	122		an obligation to comply with a requirement of an applicable building or safety
122	123		59
123	124		code to which it is otherwise obligated to comply.
124	125		60
125	126		(3) A municipality may not:
126	127		61
127	128		(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
128	129		62
129	130		methods or materials, additional building inspections, municipal building codes,
130		-	- 2 - Enrolled Copy S.B. 272
131	131		63
132	132		building use for educational purposes, or the placement or use of temporary
133	133		64
134	134		classroom facilities on school property;
	135	+	- 2 - 02-13 09:04 S.B. 272
135	136		65
136	137		(b) except as otherwise provided in this section, require a school district or charter
137	138		66
138	139		school to participate in the cost of any roadway or sidewalk, or a study on the impact
139	140		67
140	141		of a school on a roadway or sidewalk, that is not reasonably necessary for the safety
141	142		68
142	143		of school children and not located on or contiguous to school property, unless the
143	144		69
144	145		roadway or sidewalk is required to connect an otherwise isolated school site to an
145	146		70
146	147		existing roadway;
147	148		71
148	149		(c) require a district or charter school to pay fees not authorized by this section;
149	150		72
150	151		(d) provide for inspection of school construction or assess a fee or other charges for
151	152		73
152	153		inspection, unless the school district or charter school is unable to provide for
153	154		74
154	155		inspection by an inspector, other than the project architect or contractor, who is
155	156		75
156	157		qualified under criteria established by the state superintendent;
157	158		76
158	159		(e) require a school district or charter school to pay any impact fee for an improvement
159	160		77
160	161		project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact
161	162		78
162	163		Fees Act;
163	164		79
164	165		(f) impose regulations upon the location of an educational facility except as necessary to
165	166		80
166	167		avoid unreasonable risks to health or safety; or
167	168		81
168	169		(g) for a land use or a structure owned or operated by a school district or charter school
169	170		82
170	171		that is not an educational facility but is used in support of providing instruction to
171	172		83
172	173		pupils, impose a regulation that:
173	174		84
174	175		(i) is not imposed on a similar land use or structure in the zone in which the land use
175	176		85
176	177		or structure is approved; or
177	178		86
178	179		(ii) uses the tax exempt status of the school district or charter school as criteria for
179	180		87
180	181		prohibiting or regulating the land use or location of the structure.
181	182		88
182	183		(4) Subject to Section 53E-3-710, a school district or charter school shall coordinate the
183	184		89
184	185		siting of a new school with the municipality in which the school is to be located, to:
185	186		90
186	187		(a) avoid or mitigate existing and potential traffic hazards, including consideration of the
187	188		91
188	189		impacts between the new school and future highways; and
189	190		92
190	191		(b) maximize school, student, and site safety.
191	192		93
192	193		(5) Notwithstanding Subsection (3)(d), a municipality may, at its discretion:
193	194		94
194	195		(a) provide a walk-through of school construction at no cost and at a time convenient to
195	196		95
196	197		the district or charter school; and
197	198		96
198	199		(b) provide recommendations based upon the walk-through.
199		-	- 3 - S.B. 272 Enrolled Copy
200	200		97
201	201		(6)(a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
202	202		98
203	203		(i) a municipal building inspector;
	204	+	- 3 - S.B. 272 02-13 09:04
204	205		99
205	206		(ii)(A) for a school district, a school district building inspector from that school
206	207		100
207	208		district; or
208	209		101
209	210		(B) for a charter school, a school district building inspector from the school
210	211		102
211	212		district in which the charter school is located; or
212	213		103
213	214		(iii) an independent, certified building inspector who [isnot] is not an employee of the
214	215		104
215	216		contractor, licensed to perform the inspection that the inspector is requested to
216	217		105
217	218		perform, and approved [bya] by a municipal building inspector or:
218	219		106
219	220		(A) for a school district, a school district building inspector from that school
220	221		107
221	222		district; or
222	223		108
223	224		(B) for a charter school, a school district building inspector from the school
224	225		109
225	226		district in which the charter school is located.
226	227		110
227	228		(b) The approval under Subsection (6)(a)(iii) may not be unreasonably withheld.
228	229		111
229	230		(c) If a school district or charter school uses a school district or independent building
230	231		112
231	232		inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall
232	233		113
233	234		submit to the state superintendent of public instruction and municipal building
234	235		114
235	236		official, on a monthly basis during construction of the school building, a copy of each
236	237		115
237	238		inspection certificate regarding the school building.
238	239		116
239	240		(7)(a) A charter school, home-based microschool, or micro-education entity shall be
240	241		117
241	242		considered a permitted use in all zoning districts within a municipality.
242	243		118
243	244		(b) Each land use application for any approval required for a charter school, home-based
244	245		119
245	246		microschool, or micro-education entity, including an application for a building
246	247		120
247	248		permit, shall be processed on a first priority basis.
248	249		121
249	250		(c) Parking requirements for a charter school or a micro-education entity may not exceed
250	251		122
251	252		the minimum parking requirements for schools or other institutional public uses
252	253		123
253	254		throughout the municipality.
254	255		124
255	256		(d) If a municipality has designated zones for a sexually oriented business, or a business
256	257		125
257	258		which sells alcohol, a charter school or a micro-education entity may be prohibited
258	259		126
259	260		from a location which would otherwise defeat the purpose for the zone unless the
260	261		127
261	262		charter school or micro-education entity provides a waiver.
262	263		128
263	264		(e)(i) A school district, charter school, or micro-education entity may seek a
264	265		129
265	266		certificate authorizing permanent occupancy of a school building from:
266	267		130
267	268		(A) the state superintendent of public instruction, as provided in Subsection
268		-	- 4 - Enrolled Copy S.B. 272
269	269		131
270	270		53E-3-706(3), if the school district or charter school used an independent
271	271		132
272	272		building inspector for inspection of the school building; or
	273	+	- 4 - 02-13 09:04 S.B. 272
273	274		133
274	275		(B) a municipal official with authority to issue the certificate, if the school district,
275	276		134
276	277		charter school, or micro-education entity used a municipal building inspector
277	278		135
278	279		for inspection of the school building.
279	280		136
280	281		(ii) A school district may issue its own certificate authorizing permanent occupancy
281	282		137
282	283		of a school building if it used its own building inspector for inspection of the
283	284		138
284	285		school building, subject to the notification requirement of Subsection 53E-3-706
285	286		139
286	287		(3)(a)(ii).
287	288		140
288	289		(iii) A charter school or micro-education entity may seek a certificate authorizing
289	290		141
290	291		permanent occupancy of a school building from a school district official with
291	292		142
292	293		authority to issue the certificate, if the charter school or micro-education entity
293	294		143
294	295		used a school district building inspector for inspection of the school building.
295	296		144
296	297		(iv) A certificate authorizing permanent occupancy issued by the state superintendent
297	298		145
298	299		of public instruction under Subsection 53E-3-706(3) or a school district official
299	300		146
300	301		with authority to issue the certificate shall be considered to satisfy any municipal
301	302		147
302	303		requirement for an inspection or a certificate of occupancy.
303	304		148
304	305		(f)(i) A micro-education entity may operate in a facility that meets Group E
305	306		149
306	307		Occupancy requirements as defined by the International Building Code, as
307	308		150
308	309		incorporated by Subsection 15A-2-103(1)(a).
309	310		151
310	311		(ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i)[:]
311	312		152
312	313		[(A)] may have up to 100 students in the facility[; and] .
313	314		153
314	315		[(B) shall have enough space for at least 20 net square feet per student.]
315	316		154
316	317		(g) A micro-education entity may operate in a facility that is subject to and complies
317	318		155
318	319		with the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as
319	320		156
320	321		defined by the International Building Code, as incorporated by Subsection 15A-2-103
321	322		157
322	323		(1)(a), if:
323	324		158
324	325		(i) the facility has a code compliant fire alarm system and carbon monoxide detection
325	326		159
326	327		system;
327	328		160
328	329		(ii)(A) each classroom in the facility has an exit directly to the outside at the level
329	330		161
330	331		of exit or discharge; or
331	332		162
332	333		(B) the structure has a code compliant fire sprinkler system; and
333	334		163
334	335		(iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
335	336		164
336	337		are greater than 12,000 square feet[; and] .
337		-	- 5 - S.B. 272 Enrolled Copy
338	338		165
339	339		[(iv) the facility has enough space for at least 20 net square feet per student.]
340	340		166
341	341		(h)(i) A home-based microschool is not subject to additional occupancy
	342	+	- 5 - S.B. 272 02-13 09:04
342	343		167
343	344		requirements beyond occupancy requirements that apply to a primary dwelling[,
344	345		168
345	346		except that the home-based microschool shall have enough space for at least 35
346	347		169
347	348		net square feet per student].
348	349		170
349	350		(ii) If a floor that is below grade in a home-based microschool is used for home-based
350	351		171
351	352		microschool purposes, the below grade floor of the home-based microschool shall
352	353		172
353	354		have at least one emergency escape or rescue window that complies with the
354	355		173
355	356		requirements for emergency escape and rescue windows as defined by the
356	357		174
357	358		International Residential Code, as incorporated by Section 15A-1-210.
358	359		175
359	360		(8)(a) A specified public agency intending to develop its land shall submit to the land
360	361		176
361	362		use authority a development plan and schedule:
362	363		177
363	364		(i) as early as practicable in the development process, but no later than the
364	365		178
365	366		commencement of construction; and
366	367		179
367	368		(ii) with sufficient detail to enable the land use authority to assess:
368	369		180
369	370		(A) the specified public agency's compliance with applicable land use ordinances;
370	371		181
371	372		(B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b),
372	373		182
373	374		(c), (d), (e), and (g) caused by the development;
374	375		183
375	376		(C) the amount of any applicable fee described in Section 10-9a-510;
376	377		184
377	378		(D) any credit against an impact fee; and
378	379		185
379	380		(E) the potential for waiving an impact fee.
380	381		186
381	382		(b) The land use authority shall respond to a specified public agency's submission under
382	383		187
383	384		Subsection (8)(a) with reasonable promptness in order to allow the specified public
384	385		188
385	386		agency to consider information the municipality provides under Subsection (8)(a)(ii)
386	387		189
387	388		in the process of preparing the budget for the development.
388	389		190
389	390		(9) Nothing in this section may be construed to:
390	391		191
391	392		(a) modify or supersede Section 10-9a-304; or
392	393		192
393	394		(b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance, that
394	395		193
395	396		fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair
396	397		194
397	398		Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with
398	399		195
399	400		Disabilities Act of 1990, 42 U.S.C. Sec. 12102, or any other provision of federal law.
400	401		196
401	402		(10) Nothing in Subsection (7) prevents a political subdivision from:
402	403		197
403	404		(a) requiring a home-based microschool or micro-education entity to comply with
404	405		198
405	406		municipal zoning and land use regulations that do not conflict with this section,
406		-	- 6 - Enrolled Copy S.B. 272
407	407		199
408	408		including:
409	409		200
410	410		(i) parking;
	411	+	- 6 - 02-13 09:04 S.B. 272
411	412		201
412	413		(ii) traffic; and
413	414		202
414	415		(iii) hours of operation;
415	416		203
416	417		(b) requiring a home-based microschool or micro-education entity to obtain a business
417	418		204
418	419		license;
419	420		205
420	421		(c) enacting municipal ordinances and regulations consistent with this section;
421	422		206
422	423		(d) subjecting a micro-education entity to standards within each zone pertaining to
423	424		207
424	425		setback, height, bulk and massing regulations, off-site parking, curb cut, traffic
425	426		208
426	427		circulation, and construction staging; and
427	428		209
428	429		(e) imposing regulations on the location of a project that are necessary to avoid risks to
429	430		210
430	431		health or safety.
431	432		211
432	433		Section 2. Section 17-27a-305 is amended to read:
433	434		212
434	435		17-27a-305 (Effective upon governor's approval). Other entities required to
435	436		213
436	437		conform to county's land use ordinances -- Exceptions -- School districts, charter schools,
437	438		214
438	439		home-based microschools, and micro-education entities -- Submission of development
439	440		215
440	441		plan and schedule.
441	442		216
442	443		(1)(a) Each county, municipality, school district, charter school, special district, special
443	444		217
444	445		service district, and political subdivision of the state shall conform to any applicable
445	446		218
446	447		land use ordinance of any county when installing, constructing, operating, or
447	448		219
448	449		otherwise using any area, land, or building situated within a mountainous planning
449	450		220
450	451		district or the unincorporated portion of the county, as applicable.
451	452		221
452	453		(b) In addition to any other remedies provided by law, when a county's land use
453	454		222
454	455		ordinance is violated or about to be violated by another political subdivision, that
455	456		223
456	457		county may institute an injunction, mandamus, abatement, or other appropriate action
457	458		224
458	459		or proceeding to prevent, enjoin, abate, or remove the improper installation,
459	460		225
460	461		improvement, or use.
461	462		226
462	463		(2)(a) Except as provided in Subsection (3), a school district or charter school is subject
463	464		227
464	465		to a county's land use ordinances.
465	466		228
466	467		(b)(i) Notwithstanding Subsection (3), a county may:
467	468		229
468	469		(A) subject a charter school to standards within each zone pertaining to setback,
469	470		230
470	471		height, bulk and massing regulations, off-site parking, curb cut, traffic
471	472		231
472	473		circulation, and construction staging; and
473	474		232
474	475		(B) impose regulations upon the location of a project that are necessary to avoid
475		-	- 7 - S.B. 272 Enrolled Copy
476	476		233
477	477		unreasonable risks to health or safety, as provided in Subsection (3)(f).
478	478		234
479	479		(ii) The standards to which a county may subject a charter school under Subsection
	480	+	- 7 - S.B. 272 02-13 09:04
480	481		235
481	482		(2)(b)(i) shall be objective standards only and may not be subjective.
482	483		236
483	484		(iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
484	485		237
485	486		deny or withhold approval of a charter school's land use application is the charter
486	487		238
487	488		school's failure to comply with a standard imposed under Subsection (2)(b)(i).
488	489		239
489	490		(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of
490	491		240
491	492		an obligation to comply with a requirement of an applicable building or safety
492	493		241
493	494		code to which it is otherwise obligated to comply.
494	495		242
495	496		(3) A county may not:
496	497		243
497	498		(a) impose requirements for landscaping, fencing, aesthetic considerations, construction
498	499		244
499	500		methods or materials, additional building inspections, county building codes,
500	501		245
501	502		building use for educational purposes, or the placement or use of temporary
502	503		246
503	504		classroom facilities on school property;
504	505		247
505	506		(b) except as otherwise provided in this section, require a school district or charter
506	507		248
507	508		school to participate in the cost of any roadway or sidewalk, or a study on the impact
508	509		249
509	510		of a school on a roadway or sidewalk, that is not reasonably necessary for the safety
510	511		250
511	512		of school children and not located on or contiguous to school property, unless the
512	513		251
513	514		roadway or sidewalk is required to connect an otherwise isolated school site to an
514	515		252
515	516		existing roadway;
516	517		253
517	518		(c) require a district or charter school to pay fees not authorized by this section;
518	519		254
519	520		(d) provide for inspection of school construction or assess a fee or other charges for
520	521		255
521	522		inspection, unless the school district or charter school is unable to provide for
522	523		256
523	524		inspection by an inspector, other than the project architect or contractor, who is
524	525		257
525	526		qualified under criteria established by the state superintendent;
526	527		258
527	528		(e) require a school district or charter school to pay any impact fee for an improvement
528	529		259
529	530		project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact
530	531		260
531	532		Fees Act;
532	533		261
533	534		(f) impose regulations upon the location of an educational facility except as necessary to
534	535		262
535	536		avoid unreasonable risks to health or safety; or
536	537		263
537	538		(g) for a land use or a structure owned or operated by a school district or charter school
538	539		264
539	540		that is not an educational facility but is used in support of providing instruction to
540	541		265
541	542		pupils, impose a regulation that:
542	543		266
543	544		(i) is not imposed on a similar land use or structure in the zone in which the land use
544		-	- 8 - Enrolled Copy S.B. 272
545	545		267
546	546		or structure is approved; or
547	547		268
548	548		(ii) uses the tax exempt status of the school district or charter school as criteria for
	549	+	- 8 - 02-13 09:04 S.B. 272
549	550		269
550	551		prohibiting or regulating the land use or location of the structure.
551	552		270
552	553		(4) Subject to Section 53E-3-710, a school district or charter school shall coordinate the
553	554		271
554	555		siting of a new school with the county in which the school is to be located, to:
555	556		272
556	557		(a) avoid or mitigate existing and potential traffic hazards, including consideration of the
557	558		273
558	559		impacts between the new school and future highways; and
559	560		274
560	561		(b) maximize school, student, and site safety.
561	562		275
562	563		(5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
563	564		276
564	565		(a) provide a walk-through of school construction at no cost and at a time convenient to
565	566		277
566	567		the district or charter school; and
567	568		278
568	569		(b) provide recommendations based upon the walk-through.
569	570		279
570	571		(6)(a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
571	572		280
572	573		(i) a county building inspector;
573	574		281
574	575		(ii)(A) for a school district, a school district building inspector from that school
575	576		282
576	577		district; or
577	578		283
578	579		(B) for a charter school, a school district building inspector from the school
579	580		284
580	581		district in which the charter school is located; or
581	582		285
582	583		(iii) an independent, certified building inspector who [isnot] is not an employee of the
583	584		286
584	585		contractor, licensed to perform the inspection that the inspector is requested to
585	586		287
586	587		perform, [andapproved bya] and approved by a county building inspector or:
587	588		288
588	589		(A) for a school district, a school district building inspector from that school
589	590		289
590	591		district; or
591	592		290
592	593		(B) for a charter school, a school district building inspector from the school
593	594		291
594	595		district in which the charter school is located.
595	596		292
596	597		(b) The approval under Subsection (6)(a)(iii) may not be unreasonably withheld.
597	598		293
598	599		(c) If a school district or charter school uses a school district or independent building
599	600		294
600	601		inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall
601	602		295
602	603		submit to the state superintendent of public instruction and county building official,
603	604		296
604	605		on a monthly basis during construction of the school building, a copy of each
605	606		297
606	607		inspection certificate regarding the school building.
607	608		298
608	609		(7)(a) A charter school, home-based microschool, or micro-education entity shall be
609	610		299
610	611		considered a permitted use in all zoning districts within a county.
611	612		300
612	613		(b) Each land use application for any approval required for a charter school, home-based
613		-	- 9 - S.B. 272 Enrolled Copy
614	614		301
615	615		microschool, or micro-education entity, including an application for a building
616	616		302
617	617		permit, shall be processed on a first priority basis.
	618	+	- 9 - S.B. 272 02-13 09:04
618	619		303
619	620		(c) Parking requirements for a charter school or micro-education entity may not exceed
620	621		304
621	622		the minimum parking requirements for schools or other institutional public uses
622	623		305
623	624		throughout the county.
624	625		306
625	626		(d) If a county has designated zones for a sexually oriented business, or a business which
626	627		307
627	628		sells alcohol, a charter school or micro-education entity may be prohibited from a
628	629		308
629	630		location which would otherwise defeat the purpose for the zone unless the charter
630	631		309
631	632		school or micro-education entity provides a waiver.
632	633		310
633	634		(e)(i) A school district , charter school, or micro-education entity may seek a
634	635		311
635	636		certificate authorizing permanent occupancy of a school building from:
636	637		312
637	638		(A) the state superintendent of public instruction, as provided in Subsection
638	639		313
639	640		53E-3-706(3), if the school district, charter school, or micro-education entity
640	641		314
641	642		used an independent building inspector for inspection of the school building; or
642	643		315
643	644		(B) a county official with authority to issue the certificate, if the school district,
644	645		316
645	646		charter school, or micro-education entity used a county building inspector for
646	647		317
647	648		inspection of the school building.
648	649		318
649	650		(ii) A school district may issue its own certificate authorizing permanent occupancy
650	651		319
651	652		of a school building if it used its own building inspector for inspection of the
652	653		320
653	654		school building, subject to the notification requirement of Subsection 53E-3-706
654	655		321
655	656		(3)(a)(ii).
656	657		322
657	658		(iii) A charter school or micro-education entity may seek a certificate authorizing
658	659		323
659	660		permanent occupancy of a school building from a school district official with
660	661		324
661	662		authority to issue the certificate, if the charter school or micro-education entity
662	663		325
663	664		used a school district building inspector for inspection of the school building.
664	665		326
665	666		(iv) A certificate authorizing permanent occupancy issued by the state superintendent
666	667		327
667	668		of public instruction under Subsection 53E-3-706(3) or a school district official
668	669		328
669	670		with authority to issue the certificate shall be considered to satisfy any county
670	671		329
671	672		requirement for an inspection or a certificate of occupancy.
672	673		330
673	674		(f)(i) A micro-education entity may operate a facility that meets Group E Occupancy
674	675		331
675	676		requirements as defined by the International Building Code, as incorporated by
676	677		332
677	678		Subsection 15A-2-103(1)(a).
678	679		333
679	680		(ii) A micro-education entity operating in a facility described in Subsection (7)(f)(i)[:]
680	681		334
681	682		[(A)] may have up to 100 students in the facility[; and] .
682		-	- 10 - Enrolled Copy S.B. 272
683	683		335
684	684		[(B) shall have enough space for at least 20 net square feet per student;]
685	685		336
686	686		(g) A micro-education entity may operate a facility that is subject to and complies with
	687	+	- 10 - 02-13 09:04 S.B. 272
687	688		337
688	689		the same occupancy requirements as a Class A-1, A-3, B, or M Occupancy as defined
689	690		338
690	691		by the International Building Code, as incorporated by Subsection 15A-2-103(1)(a),
691	692		339
692	693		if:
693	694		340
694	695		(i) the facility has a code compliant fire alarm system and carbon monoxide detection
695	696		341
696	697		system;
697	698		342
698	699		(ii)(A) each classroom in the facility has an exit directly to the outside at the level
699	700		343
700	701		of exit discharge; or
701	702		344
702	703		(B) the structure has a code compliant fire sprinkler system; and
703	704		345
704	705		(iii) the facility has an automatic fire sprinkler system in fire areas of the facility that
705	706		346
706	707		are greater than 12,000 square feet[; and] .
707	708		347
708	709		[(iv) the facility has enough space for at least 20 net square feet per student.]
709	710		348
710	711		(h)(i) A home-based microschool is not subject to additional occupancy requirements
711	712		349
712	713		beyond occupancy requirements that apply to a primary dwelling[, except that the
713	714		350
714	715		home-based microschool shall have enough space for at least 35 square feet per
715	716		351
716	717		student].
717	718		352
718	719		(ii) If a floor that is below grade in a home-based microschool is used for home-based
719	720		353
720	721		microschool purposes, the below grade floor of the home-based microschool shall
721	722		354
722	723		have at least one emergency escape or rescue window that complies with the
723	724		355
724	725		requirements for emergency escape and rescue windows as defined by the
725	726		356
726	727		International Residential Code, as incorporated in Section 15A-1-210.
727	728		357
728	729		(8)(a) A specified public agency intending to develop its land shall submit to the land
729	730		358
730	731		use authority a development plan and schedule:
731	732		359
732	733		(i) as early as practicable in the development process, but no later than the
733	734		360
734	735		commencement of construction; and
735	736		361
736	737		(ii) with sufficient detail to enable the land use authority to assess:
737	738		362
738	739		(A) the specified public agency's compliance with applicable land use ordinances;
739	740		363
740	741		(B) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b),
741	742		364
742	743		(c), (d), (e), and (g) caused by the development;
743	744		365
744	745		(C) the amount of any applicable fee described in Section 17-27a-509;
745	746		366
746	747		(D) any credit against an impact fee; and
747	748		367
748	749		(E) the potential for waiving an impact fee.
749	750		368
750	751		(b) The land use authority shall respond to a specified public agency's submission under
751		-	- 11 - S.B. 272 Enrolled Copy
752	752		369
753	753		Subsection (8)(a) with reasonable promptness in order to allow the specified public
754	754		370
755	755		agency to consider information the municipality provides under Subsection (8)(a)(ii)
	756	+	- 11 - S.B. 272 02-13 09:04
756	757		371
757	758		in the process of preparing the budget for the development.
758	759		372
759	760		(9) Nothing in this section may be construed to:
760	761		373
761	762		(a) modify or supersede Section 17-27a-304; or
762	763		374
763	764		(b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that fails
764	765		375
765	766		to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
766	767		376
767	768		Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with
768	769		377
769	770		Disabilities Act of 1990, 42 U.S.C. 12102, or any other provision of federal law.
770	771		378
771	772		(10) Nothing in Subsection (7) prevents a political subdivision from:
772	773		379
773	774		(a) requiring a home-based microschool or micro-education entity to comply with local
774	775		380
775	776		zoning and land use regulations that do not conflict with this section, including:
776	777		381
777	778		(i) parking;
778	779		382
779	780		(ii) traffic; and
780	781		383
781	782		(iii) hours of operation;
782	783		384
783	784		(b) requiring a home-based microschool or micro-education entity to obtain a business
784	785		385
785	786		license;
786	787		386
787	788		(c) enacting county ordinances and regulations consistent with this section;
788	789		387
789	790		(d) subjecting a micro-education entity to standards within each zone pertaining to
790	791		388
791	792		setback, height, bulk and massing regulations, off-site parking, curb cut, traffic
792	793		389
793	794		circulation, and construction staging; and
794	795		390
795	796		(e) imposing regulations on the location of a project that are necessary to avoid risks to
796	797		391
797	798		health or safety.
798	799		392
799	800		(11) Notwithstanding any other provision of law, the proximity restrictions that apply to
800	801		393
801	802		community locations do not apply to a micro-education entity.
802	803		394
803	804		Section 3. Section 26B-7-201 is amended to read:
804	805		395
805	806		26B-7-201 (Effective upon governor's approval). Definitions.
806	807		396
807	808		As used in this part:
808	809		397
809	810		(1) "Ambulatory surgical center" means the same as that term is defined in Section
810	811		398
811	812		26B-2-201.
812	813		399
813	814		(2) "Carrier" means an infected individual or animal who harbors a specific infectious agent
814	815		400
815	816		in the absence of discernible clinical disease and serves as a potential source of infection
816	817		401
817	818		for man. The carrier state may occur in an individual with an infection that is inapparent
818	819		402
819	820		throughout its course, commonly known as healthy or asymptomatic carrier, or during
820		-	- 12 - Enrolled Copy S.B. 272
821	821		403
822	822		the incubation period, convalescence, and postconvalescence of an individual with a
823	823		404
824	824		clinically recognizable disease, commonly known as incubatory carrier or convalescent
	825	+	- 12 - 02-13 09:04 S.B. 272
825	826		405
826	827		carrier. Under either circumstance the carrier state may be of short duration, as a
827	828		406
828	829		temporary or transient carrier, or long duration, as a chronic carrier.
829	830		407
830	831		(3) "Communicable disease" means illness due to a specific infectious agent or its toxic
831	832		408
832	833		products which arises through transmission of that agent or its products from a reservoir
833	834		409
834	835		to a susceptible host, either directly, as from an infected individual or animal, or
835	836		410
836	837		indirectly, through an intermediate plant or animal host, vector, or the inanimate
837	838		411
838	839		environment.
839	840		412
840	841		(4) "Communicable period" means the time or times during which an infectious agent may
841	842		413
842	843		be transferred directly or indirectly from an infected individual to another individual,
843	844		414
844	845		from an infected animal to a human, or from an infected human to an animal, including
845	846		415
846	847		arthropods.
847	848		416
848	849		(5) "Contact" means an individual or animal having had association with an infected
849	850		417
850	851		individual, animal, or contaminated environment so as to have had an opportunity to
851	852		418
852	853		acquire the infection.
853	854		419
854	855		(6) "End stage renal disease facility" is as defined in Section 26B-2-201.
855	856		420
856	857		(7)(a) "Epidemic" means the occurrence or outbreak in a community or region of cases
857	858		421
858	859		of an illness clearly in excess of normal expectancy and derived from a common or
859	860		422
860	861		propagated source.
861	862		423
862	863		(b) The number of cases indicating an epidemic will vary according to the infectious
863	864		424
864	865		agent, size, and type of population exposed, previous experience or lack of exposure
865	866		425
866	867		to the disease, and time and place of occurrence.
867	868		426
868	869		(c) Epidemicity is considered to be relative to usual frequency of the disease in the same
869	870		427
870	871		area, among the specified population, at the same season of the year.
871	872		428
872	873		(8) "General acute hospital" is as defined in Section 26B-2-201.
873	874		429
874	875		(9) "Incubation period" means the time interval between exposure to an infectious agent
875	876		430
876	877		and appearance of the first sign or symptom of the disease in question.
877	878		431
878	879		(10) "Infected individual" means an individual who harbors an infectious agent and who
879	880		432
880	881		has manifest disease or inapparent infection. An infected individual is one from whom
881	882		433
882	883		the infectious agent can be naturally acquired.
883	884		434
884	885		(11) "Infection" means the entry and development or multiplication of an infectious agent
885	886		435
886	887		in the body of man or animals. Infection is not synonymous with infectious disease; the
887	888		436
888	889		result may be inapparent or manifest. The presence of living infectious agents on
889		-	- 13 - S.B. 272 Enrolled Copy
890	890		437
891	891		exterior surfaces of the body, or upon articles of apparel or soiled articles, is not
892	892		438
893	893		infection, but contamination of such surfaces and articles.
	894	+	- 13 - S.B. 272 02-13 09:04
894	895		439
895	896		(12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
896	897		440
897	898		protozoan, or helminth that is capable of producing infection or infectious disease.
898	899		441
899	900		(13) "Infectious disease" means a disease of man or animals resulting from an infection.
900	901		442
901	902		(14) "Isolation" means the separation, for the period of communicability, of infected
902	903		443
903	904		individuals or animals from others, in such places and under such conditions as to
904	905		444
905	906		prevent the direct or indirect conveyance of the infectious agent from those infected to
906	907		445
907	908		those who are susceptible or who may spread the agent to others.
908	909		446
909	910		(15) "Local food" means the same as that term is defined in Section 4-1-109.
910	911		447
911	912		(16) "Order of constraint" means the same as that term is defined in Section 26B-7-301.
912	913		448
913	914		(17) "Quarantine" means the restriction of the activities of well individuals or animals who
914	915		449
915	916		have been exposed to a communicable disease during its period of communicability to
916	917		450
917	918		prevent disease transmission.
918	919		451
919	920		(18)(a) "School" means a public, private, or parochial nursery school, licensed or
920	921		452
921	922		unlicensed day care center, child care facility, family care home, Head Start program,
922	923		453
923	924		kindergarten, elementary, or secondary school through grade 12.
924	925		454
925	926		(b) "School" does not mean a micro-education entity or a home-based microschool as
926	927		455
927	928		those terms are defined in Section 53G-6-201.
928	929		456
929	930		(19) "Sexually transmitted disease" means those diseases transmitted through sexual
930	931		457
931	932		intercourse or any other sexual contact.
932	933		458
933	934		(20) "Specialty hospital" is as defined in Section 26B-2-201.
934	935		459
935	936		Section 4. Effective Date.
936	937		460
937	938		This bill takes effect:
938	939		461
939	940		(1) except as provided in Subsection (2), May 7, 2025; or
940	941		462
941	942		(2) if approved by two-thirds of all members elected to each house:
942	943		463
943	944		(a) upon approval by the governor;
944	945		464
945	946		(b) without the governor's signature, the day following the constitutional time limit of
946	947		465
947	948		Utah Constitution, Article VII, Section 8; or
948	949		466
949	950		(c) in the case of a veto, the date of veto override.
950	951		- 14 -