2006 Utah 58-56-5 — Building Code Commission -- Composition of commission -- Commission duties and responsibilities.
(1) There is established a Uniform Building Code Commission to advise the division with respect to the division's responsibilities in administering the codes under this chapter.
(2) The commission shall be appointed by the executive director who shall submit his nominations to the governor for confirmation or rejection. If a nominee is rejected, alternative names shall be submitted until confirmation is received. Following confirmation by the governor, the appointment shall be made.
(3) The commission shall consist of eleven members who shall be appointed in accordance with the following:
(a) one member shall be from among candidates nominated by the Utah League of Cities and Towns and the Utah Association of Counties;
(b) one member shall be a licensed building inspector employed by a political subdivision of the state;
(c) one member shall be a licensed professional engineer;
(d) one member shall be a licensed architect;
(e) one member shall be a fire official;
(f) three members shall be contractors licensed by the state, of which one shall be a general contractor, one an electrical contractor, and one a plumbing contractor;
(g) two members shall be from the general public and have no affiliation with the construction industry or real estate development industry; and
(h) one member shall be from the Division of Facilities Construction Management, Department of Administrative Services.
(4) (a) Except as required by Subsection (4)(b), as terms of current commission members expire, the executive director shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(6) No commission member may serve more than two full terms, and no commission member who ceases to serve may again serve on the commission until after the expiration of two years from the date of cessation of service.
(7) A majority of the commission members shall constitute a quorum and may act on behalf of the commission.
(8) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the commission at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(9) The commission shall annually designate one of its members to serve as chair of the
commission. The division shall provide a secretary to facilitate the function of the commission
and to record its actions and recommendations.
(10) The duties and responsibilities of the commission are to:
(a) recommend to the director the:
(i) adoption by rule of codes and amendments under Subsections 58-56-4(2)(b) and (c);
and
(ii) approval by rule of the codes referenced in Subsection 58-56-4(4)(a);
(b) offer an opinion regarding the interpretation of or the application of any of the codes
adopted or approved under Section 58-56-4 upon a formal submission by a party to the matter in
question which submission must clearly state the facts in question, the specific code citation
involved and the position taken by all parties;
(c) act as an appeals board as provided in Subsection 58-56-8(3);
(d) establish advisory peer committees on either a standing or ad hoc basis to advise the
commission with respect to matters related to the codes described in Section 58-56-4, including a
committee to advise the commission regarding health matters related to the plumbing code; and
(e) assist the division in overseeing code-related training in accordance with Section
58-56-9.
Amended by Chapter 75, 2002 General Session
