Utah Code § 10-20-606 § 10-20-606
Changes to rental dwelling units-- Egress windows.
Operative Text
Changes to rental dwelling units-- Egress windows. (1) As used in this section: (a) "Internal accessory dwelling unit" means an accessory dwelling unit created: (i) within a primary dwelling; (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the time the internal accessory dwelling unit is created; and (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer. (b) "Primary dwelling" means a single-family dwelling that: (i) is detached; and (ii) is occupied as the primary residence of the owner of record. (c) "Rental dwelling" means the same as that term is defined in Section 10-8-85.5. (2) A municipal ordinance may not: (a) require physical changes in a structure with a legal nonconforming rental dwelling use unless the change is for: (i) the reasonable installation of: (A) a smoke detector that is plugged in or battery operated; (B) a ground fault circuit interrupter protected outlet on existing wiring; (C) street addressing; (D) except as provided in Subsection (3), an egress bedroom window if the existing bedroom window is smaller than that required by current State Construction Code; (E) an electrical system or a plumbing system, if the existing system is not functioning or is unsafe as determined by an independent electrical or plumbing professional who is licensed in accordance with Title 58, Occupations and Professions; (F) hand or guard rails; or (G) occupancy separation doors as required by the International Residential Code; or (ii) the abatement of a structure; or (b) be enforced to terminate a legal nonconforming rental dwelling use. (3) (a) A municipality may not require physical changes to install an egress or emergency escape window in an existing bedroom that complied with the State Construction Code in effect at the time the bedroom was finished if: (i) the dwelling is an owner-occupied dwelling or a rental dwelling that is: (A) a detached one-, two-, three-, or four-family dwelling; or (B) a town home that is not more than three stories above grade with a separate means of egress; and (ii) (A) the window in the existing bedroom is smaller than that required by current State Construction Code; and (B) the change would compromise the structural integrity of the structure or could not be completed in accordance with current State Construction Code, including set-back and window well requirements. (b) Subsection (3)(a) does not apply to an internal accessory dwelling unit. (4) Nothing in this section prohibits a municipality from: (a) regulating the style of window that is required or allowed in a bedroom; (b) requiring that a window in an existing bedroom be fully openable if the openable area is less than required by current State Construction Code; or (c) requiring that an existing window not be reduced in size if the openable area is smaller than required by current State Construction Code.
Utah Code Ann. § 10-20-606 limits what municipalities can require of properties with legal nonconforming rental dwelling uses. Specifically, cities and towns generally cannot mandate structural changes to such properties except for a defined list of safety-related improvements, such as smoke detectors, egress windows, and electrical or plumbing repairs when systems are nonfunctional or unsafe. Additionally, the provision restricts when municipalities can require egress window upgrades in existing bedrooms that already met the State Construction Code at the time they were finished, particularly where the upgrade would compromise structural integrity or conflict with current code requirements—though this protection does not extend to internal accessory dwelling units.
Plain English — not legal advice.
Property owners managing a legal nonconforming rental dwelling under Utah Code Ann. § 10-20-606 generally find that their municipality's authority to require structural changes is narrowly bounded. Compliant operators typically ensure that permitted safety items—such as battery-operated smoke detectors, ground fault circuit interrupter outlets, and hand or guard rails—are in place, while understanding that broader structural mandates beyond the statute's enumerated list may not be enforceable. Owners of owner-occupied or small rental dwellings (one- to four-family detached units or qualifying townhomes) should be aware that egress window upgrades may not be required if the existing window met code when installed and the upgrade would compromise structural integrity or violate current code requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Utah Code Ann. § 10-20-606, tenants living in legal nonconforming rental dwellings have an interest in knowing which safety improvements municipalities are permitted to require of their landlords. The provision identifies specific baseline safety features—including functioning smoke detectors, safe electrical and plumbing systems, and appropriate egress windows—that municipalities may lawfully mandate even in nonconforming units. Tenants who believe their unit lacks required safety features may wish to contact their local municipal housing or building department to understand what standards apply, or consult a tenant-rights organization familiar with Utah housing law for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation