38-1a-201. Establishment of State Construction Registry — Filing index. (1) Subject to receiving adequate funding through a legislative appropriation and contracting with an approved third party vendor as provided in Section 38-1a-202, the division shall establish and maintain the State Construction Registry to: (a) (i) assist in protecting public health, safety, and welfare; and (ii) […]
38-1a-202. Contract to establish and maintain registry — Designated agent — Rules — Duties of designated agent — Limit of liability. (1) (a) The division shall contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a third party to establish and maintain the registry for the purposes established under this part. (b) […]
38-1a-203. Filings with the registry. (1) The division and the designated agent need not determine the timeliness of any notice before filing the notice in the registry. (2) A notice filed by a third party on behalf of another is considered to be filed by the person on whose behalf the notice is filed. (3) […]
38-1a-204. Notification of filings with the registry. (1) The designated agent shall provide notification of the filing of a required notice relating to an anticipated improvement or construction project to: (a) the person filing the required notice, unless the person indicates to the division or designated agent that the person does not want to receive […]
38-1a-205. Building permit — Transmission to registry — Posting at project site. (1) (a) A county, city, or town issuing a building permit for a private project: (i) shall, no later than 15 days after issuing the permit, input the building permit application and transmit the building permit information to the registry electronically by way […]
38-1a-206. Registry fees. (1) In accordance with the process required by Section 63J-1-504, the division shall establish the fees for: (a) required notices, whether filed electronically or by alternate means; (b) a request for notification under Section 38-1a-204; (c) providing notification of a required notice, whether electronically or by alternate means; (d) a duplicate receipt […]
38-1a-207. Registry classification. (1) The registry is classified as a public record under Title 63G, Chapter 2, Government Records Access and Management Act, unless the division classifies it otherwise. (2) A request for information submitted to the designated agent is not subject to Title 63G, Chapter 2, Government Records Access and Management Act. (3) A […]
38-1a-208. Actions that are not adjudicative proceedings. None of the following is an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act: (1) the filing of a notice permitted or required by this chapter; (2) the rejection of a filing permitted or required by this chapter; or (3) other action by the designated agent […]
38-1a-209. Abuse of registry — Penalty. (1) As used in this section, “third party” means an owner, an original contractor, a subcontractor, or any interested party. (2) A person abuses the registry if that person files a notice in the registry: (a) without a good faith basis for doing so; (b) with the intent to […]
38-1a-210. Limitation of liability. (1) The state and the state’s agencies, instrumentalities, political subdivisions, and an employee of a governmental entity are immune from suit for any injury resulting from the registry. (2) The designated agent and its principals, agents, and employees are not liable to any person for the accuracy, coherence, suitability, completeness, or […]
38-1a-211. Limit on notice effect of document filing in the registry. The filing of a document in the registry is not intended to give notice to all persons of the content of the document within the meaning of Section 57-3-102 and does not constitute constructive notice of matters relating to real property to purchasers for […]
