34-461. Applicability of local codes;
exception; definition
A. Public buildings shall be constructed in compliance with the state fire code
unless a fire code has been adopted by the city, town, county or fire district in which
the building is located. Public buildings shall be constructed in compliance with
applicable building, plumbing, electrical, fire prevention and mechanical codes adopted
by the city, town, county or fire district in which the building is located. The owner of
the public building is subject to the same fees required of other persons. Public
buildings are subject to inspection during construction pursuant to these codes to
determine compliance.
B. If a public building is built in an area that has not adopted local codes, the
building shall be designed or constructed according to the state fire code adopted by the
state fire marshal and the building, plumbing, electrical, fire prevention and mechanical
codes that apply in the largest city in the county in which the building is located.
C. Public buildings are subject to those codes that apply and are in effect when
the building is designed or constructed and to the currently adopted codes when a
building is found to be structurally unsafe, without adequate egress or a fire hazard or
is otherwise dangerous to human life.
D. Subsections A and B do not apply to state owned buildings except for the
application of the fire code in effect where a state owned building is located. State
department of corrections facilities are exempt from the application of the local fire
code in the absence of an intergovernmental agreement between the state department of
corrections and the governmental entity responsible for enforcing any local fire code.
E. Notwithstanding subsection A, cities prescribed in section 41-2163, subsection
A, paragraph 2 do not have authority that supersedes and are not exempt from the state
fire safety committee's established fire code in state or county owned buildings and
public schools wherever located throughout the state.
F. For the purposes of this section, "public building" means a building or
appurtenance to a building that is built in whole or in part with public monies.
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