State Codes and Statutes
Statutes > Utah > Title-58 > Chapter-56 > 58-56-558-56-5. Uniform Building Code Commission -- Composition of commission --Commission duties and responsibilities -- Unified Code Analysis Council.
(1) There is established a Uniform Building Code Commission to advise the divisionwith 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 thosenominations to the governor for confirmation or rejection. If a nominee is rejected, alternativenames shall be submitted until confirmation is received. Following confirmation by thegovernor, the appointment is effective.
(3) The commission shall consist of 11 members who shall be appointed in accordancewith the following:
(a) one member shall be from among candidates nominated by the Utah League of Citiesand Towns and the Utah Association of Counties;
(b) one member shall be a licensed building inspector employed by a politicalsubdivision 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 ageneral contractor, one an electrical contractor, and one a plumbing contractor;
(g) two members shall be from the general public and have no affiliation with theconstruction 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 membersexpire, the executive director shall appoint each new member or reappointed member to afour-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall, atthe time of appointment or reappointment, adjust the length of terms to ensure that the terms ofcommission members are staggered so that approximately half of the commission is appointedevery two years.
(5) When a vacancy occurs in the membership for any reason, the executive director shallappoint a replacement for the unexpired term.
(6) (a) A commission member may not serve more than two full terms.
(b) A commission member who ceases to serve may not again serve on the commissionuntil after the expiration of two years from the date of cessation of service.
(7) A majority of the commission members constitute a quorum and may act on behalf ofthe commission.
(8) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(9) (a) The commission shall annually designate one of its members to serve as chair ofthe commission.
(b) The division shall provide a secretary to facilitate the function of the commission andto record the commission's actions and recommendations.
(10) The commission shall:
(a) in accordance with Section 58-56-4, report to the Business and Labor InterimCommittee;
(b) offer an opinion regarding the interpretation of or the application of a code under thischapter if a person submits a request for an opinion;
(c) act as an appeals board as provided in Section 58-56-8;
(d) establish advisory peer committees on either a standing or ad hoc basis to advise thecommission with respect to matters related to a state construction code or approved code,including a committee to advise the commission regarding health matters related to a plumbingcode; and
(e) assist the division in overseeing code-related training in accordance with Section58-56-9.
(11) A person requesting an opinion under Subsection (10)(c) shall submit a formalrequest clearly stating:
(a) the facts in question;
(b) the specific citation at issue in a code under this chapter; and
(c) the position taken by the persons involved in the facts in question.
(12) (a) In a manner consistent with Subsection (10)(d), the commission shall jointlycreate with the Utah Fire Prevention Board an advisory peer committee known as the "UnifiedCode Analysis Council" to review fire prevention and construction code issues that requiredefinitive and specific analysis.
(b) The commission and Utah Fire Prevention Board shall jointly, by rule made inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
(i) the appointment of members to the Unified Code Analysis Council; and
(ii) procedures followed by the Unified Code Analysis Council.
Amended by Chapter 286, 2010 General Session
Amended by Chapter 310, 2010 General Session
