Utah Code § 15A-1-203 — Utah Code / Title 15A / Chapter 15A-1 / § 15A-1-203
§ 15A-1-203. Uniform Building Code Commission -- Unified Code Analysis Council.
Status: in_force

(1) There is created a Uniform Building Code Commission to advise the division with respect to the division's responsibilities in administering the codes. (2) The commission shall consist of 13 members as follows: (a) one member shall be a heating, ventilation, and air conditioning contractor licensed by the state; (b) one member shall be a licensed building inspector nominated by the Utah League of Cities and Towns; (c) one member shall be a licensed professional engineer; (d) one member shall be a licensed architect; (e) one member shall be: (i) a licensed architect who specializes in residential architecture; or (ii) a residential home designer; (f) one member shall be a member of an association of building owners; (g) one member shall be a fire official; (h) four members shall be contractors licensed by the state, of which: (i) two shall be general contractors, one of which shall specialize in residential construction; (ii) one shall be an electrical contractor; and (iii) one shall be a plumbing contractor; (i) one member shall be from the general public and have no affiliation with the construction industry or real estate development industry; and (j) one member shall be from the Division of Facilities Construction and Management of the Department of Government Operations. (3) (a) The executive director shall appoint each commission member after submitting a nomination to the governor for confirmation or rejection. (b) (i) If the governor rejects a nominee, the executive director shall submit an alternative nominee until the governor confirms the nomination. (ii) An appointment is effective after the governor confirms the nomination. (4) (a) Except as required by Subsection (4)(b), as terms of commission members expire, the executive director shall appoint each new commission member or reappointed commission member for a four-year term. (b) The executive director shall adjust, at the time of appointment or reappointment, 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 commission membership for any reason, the executive director shall appoint 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 commission until after the expiration of two years after the day on which service ceased. (7) A majority of the commission members constitute a quorum and may act on behalf of the commission. (8) A commission member may not receive compensation or benefits for the commission member's service, but may 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 and 63A-3-107. (9) (a) The commission shall designate annually one of the commission's members to serve as chair of the commission. (b) The division shall provide a secretary to facilitate the function of the commission and to record the commission's actions and recommendations. (10) The commission shall: (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim Committee; (b) act as an appeals board as provided in Section 15A-1-207; (c) establish advisory peer committees on either a standing or ad hoc basis to advise the commission with respect to matters related to a code, including a committee to advise the commission regarding health matters related to a plumbing code; (d) assist the division in overseeing code-related training in accordance with Section 15A-1-209; (e) collect, with the assistance of the division, data related to the building inspection process, including building code interpretation and enforcement, throughout the state through the following methods: (i) surveying and interviewing stakeholders; (ii) visiting building sites and building departments; and (iii) any other reasonable data collection method; (f) use the data outlined in Subsection (10)(e) to: (i) issue guidance to the division for providing education using surcharges described in Subsection 15A-1-209(5); (ii) issue opinions regarding the proper interpretation of commonly disputed code items; (iii) send letters of concern to local regulators, building officials, third-party firms, and contractors who are found to be incorrectly interpreting, enforcing, or complying with code; and (iv) issue a publicly available report annually, before October 1, on the performance of local regulators within the state on the following: (A) interpreting and enforcing of the building code consistent with this chapter; (B) interpreting code for all building permit applicants and all inspectors consistently and equitably; (C) following consistent and equitable building inspection processes for all permit holders and across all inspectors; (D) meeting inspection timelines as described in Subsection 10-6-160(2); (E) responding to building permit applicants in a timely manner; (F) maintaining adequate training, oversight, and use of employed and contracted qualified building inspectors; and (G) employing or contracting with a qualified building inspector; (g) annually make a summary of data collected in accordance with Subsection (10)(f) publicly available through the Division of Professional Licensing; and (h) annually present the report described in Subsection (10)(f)(iv) and the summary required in Subsection (10)(g), to the Business and Labor Interim Committee before October 1. (11) (a) In a manner consistent with Subsection (10)(c), the commission shall create jointly with the Utah Fire Prevention Board an advisory peer committee known as the Unified Code Analysis Council to review fire prevention and construction code issues that require definitive and specific analysis. (b) The commission and Utah Fire Prevention Board shall provide jointly, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for: (i) the appointment of members to the Unified Code Analysis Council; and (ii) procedures followed by the Unified Code Analysis Council.