Guam § 67101 - Guam Building Code Council.

§ 67101. Guam Building Code Council.

(a) Purpose. In order to safeguard life, health, and property,

and to promote the public welfare, the Guam Building Code

Council shall serve a dual role as a Review Board for proposed

updates and amendments to the Guam Building Code, and as an

Appeals Board for disputes related to orders, decisions or

determinations made by government of Guam entities relative to

the application and interpretation of the Guam Building Code.

(b) Definitions. As used in this Chapter, unless otherwise

indicated:

(1) Appointed member means a person who is

appointed by I Maga’lahen Guåhan to hold a position on the

Council. Ex-officio members are not included in the

definition of appointed member.

(2) Architect means a person who is duly registered

and licensed by the Guam Board of Registration for

Professional Engineers, Architects and Land Surveyors

(PEALS) as an Architect.

(3) Council means the Guam Building Code Council.

(4) Ex-officio member means a person who holds a

position on the Council reserved for the Director of the

Department of Public Works or the Fire Chief of the Guam

Fire Department.

(5) Guam Building Code means the codes adopted

within Chapter 67, as well as the International Fire Code, and

any subsequent amending legislation.

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(6) Licensed General Building Contractor means a

person who holds a current license as a General Building

Contractor by the Contractors’ License Board, as per Chapter

70 of Title 21, and engages primarily in the construction of

buildings and infrastructure.

(7) Licensed Real Estate Professional means a real

estate sales person, or broker, who is licensed on Guam.

(8) Model Code means the codes, as published by their

respective nationally recognized organizations, which form

the basis of the Guam Building Code.

(9) Professional Engineer means a person who has

been duly registered and licensed by the Guam Board of

Registration for Professional Engineers, Architects and Land

Surveyors (PEALS) as a Professional Engineer.

(10) Registered Professional means any person holding

a current registration as a Professional Structural Engineer,

Professional Mechanical Engineer, Professional Electrical

Engineer, Professional Fire Protection Engineer, or

Registered Architect.

(c) Membership. The Council shall be comprised of the

following members whose duty shall be to administer the

provisions of this Chapter.

(1) Composition. The Council shall consist of seven

(7) appointed members and two (2) ex-officio members, for

a total of nine (9) members. These nine (9) members shall

consist of the following:

(A) one (1) Architect;

(B) one (1) Licensed General Building

Contractor;

(C) one (1) Licensed Real Estate Professional;

(D) two (2) members of the general public who are

not Registered Professionals, Licensed General

Building Contractors, or Licensed Realtors, at least one

(1) of whom shall be familiar with barrier free

architecture and aware of, and sensitive to, the

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requirements necessary to ensure public buildings are

accessible to, and usable by, persons with disabilities;

(E) one (1) Professional Engineer, licensed on

Guam, specializing in structural engineering;

(F) one (1) Professional Engineer, licensed on

Guam, specializing in either mechanical, electrical, or

fire protection engineering;

(G) the Director of the Department of Public

Works, to serve in an ex-officio capacity;

(i) the Director of the Department of Public

Works may designate one (1) of the Department’s

Chief Engineers, Chief Building Inspector, or

Building Permit Administrators to serve on the

Council in place of him or herself; and

(H) the Chief of the Guam Fire Department, to

serve in an ex-officio capacity;

(i) the Chief of the Guam Fire Department

may designate a Senior Fire Prevention Officer to

serve on the Council in place of him or herself.

(2) Appointment, Confirmation, and Term Length.

Except for the representatives of the Department of Public

Works and the Guam Fire Department, each member of the

Council shall be appointed by I Maga’lahen Guåhan and

confirmed by I Liheslaturan Guåhan for a term of five (5)

years, save for the length of terms associated with the initial

creation of the Council as outlined in §67101.8(c)(2)(A).

(A) Initial Term Lengths. For initial appointments

to the Council, membership term lengths shall be as

such: of the two (2) appointed members representing the

public, one (1) shall serve a term of one (1) year, and the

other shall serve a term of three (3) years; the appointed

Licensed General Building Contractor shall serve a term

of three (3) years; the appointed Real Estate

Professional shall serve a term of three (3) years; and of

the three (3) appointed Registered Professionals, one (1)

shall serve a term of one (1) year, and the remaining two

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(2) shall serve terms of five (5) years. Thereafter, all

terms for appointed members shall be five (5) years in

length. When appointing initial members to the

Council, I Maga’lahen Guåhan shall specify the length

of term for each individual appointment, with such term

lengths being in accordance with the manner stipulated

in this Subsection.

(B) Appointee Categories. Registered

Professionals and Licensed General Building

Contractors shall be appointed from a list as submitted

by the local chapter of the American Institute of

Architects (for Architects), the Guam Society of

Professional Engineers (for Professional Engineers), or

the Guam Contractors Association (for Licensed

General Building Contractors). The Council position

for a Real Estate Professional shall be appointed from a

list as submitted by the local chapter of the Guam

Association of Realtors. Such submitted lists shall

consist of at least two (2) names for the respective

vacancy on the Council. I Maga’lahen Guåhan may, for

any reason, request the submittal of a new list of names.

(i) Failure to Provide List. Failure of the

professional organization to provide a list of names

within thirty (30) days of that associated member’s

vacancy, or within thirty (30) days following

receipt of written request from I Maga’lahen

Guåhan for the submittal of a new list of names,

the requirement to select from a submitted list shall

be waived and I Maga’lahen Guåhan may

nominate an individual who meets all other

respective requirements set forth in this Section.

(ii) Membership to Recommending

Organization Not Required. Individuals named on

the list of potential nominees, as per this

Subsection, need not be members of the respective

recommending organization.

(d) Eligibility Requirements for Members. Each appointed

member of the Council shall be a resident of Guam for the most

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recent two (2) years, or a resident of Guam for a cumulative total

of five (5) years over the most recent ten (10) years. Council

members who are Registered Professionals shall have been in

responsible control in the lawful practice of engineering or

architecture for at least ten (10) years, and with no record of

disciplinary action from any jurisdiction. Council members who

are Licensed General Building Contractors shall have been

licensed for at least five (5) years, with no record of disciplinary

action from any jurisdiction. Council members who are Licensed

Real Estate Professionals shall have been licensed for at least five

(5) years, with no record of disciplinary action from any

jurisdiction. Additionally, each licensed members’ practice shall

be principally located in Guam.

(e) Status of License. Members of the Council required to

be licensed in their respective fields, as per this Section, must

maintain good standing of their licenses with their respective

licensing entity. Should a member fail to maintain good standing,

the member will not be permitted to participate on the Council

until such license is restored to good standing. A member shall

be deemed disqualified to retain a seat on the Council in the event

that the subject license is not restored to good standing within

ninety (90) days, and shall be removed from the Council, thus

creating a vacancy to be filled in accordance with §67101.8(i).

(f) Removal of Members. I Maga’lahen Guåhan may

remove any sitting member on the Council for due cause, such as

malfeasance in office, incapacity, or neglect of duty. The vacancy

created by said removal shall then be filled in accordance with §

67101.8(i).

(g) No Courtesy Resignations. When there is a change of

administration of the government of Guam after a gubernatorial

election, no courtesy resignation shall be requested by the new

administration nor offered by any appointed member of the

Council.

(h) Reappointments. On the expiration of the term of the

appointed member, I Maga’lahen Guåhan shall appoint a

successor as provided in this Chapter. An appointed member may

be reappointed to the Council for not more than two (2)

consecutive five (5) year terms. Each such member may hold

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office until the expiration of the term for which appointed or until

a successor has been duly appointed and qualified.

(i) Vacancies. Vacancies in the membership of the Council

shall be filled by appointment by I Maga’lahen Guåhan in the

same manner as initial appointments, as provided in §67101.8(c)

of this Chapter. The composition of the Council, i.e. membership

categories, shall be maintained. Persons filling a vacancy must

undergo the Legislative confirmation process, and shall serve for

the unexpired portion of the term.

(1) Failure to Appoint. If I Maga’lahen Guåhan does

not make an appointment within ninety (90) days after a

Council vacancy occurs, the Council may appoint, by

majority vote, a provisional member to serve in the interim

until I Maga’lahen Guåhan makes an appointment and the

nominee is confirmed by I Liheslaturan Guåhan. Such

provisional member shall have all the powers and

responsibilities of the position to which they are appointed

by the Council, and shall not require confirmation by I

Liheslaturan Guåhan.

(j) Ex-Officio Members. The Director of the Department

of Public Works and the Fire Chief of the Guam Fire Department,

or their respective designees, shall be members of the Council by

virtue of their position. Additionally, such ex-officio members

shall have all the same powers and duties as appointed members

to the Council, including voting powers as described in this

Chapter. Ex-officio members do not require confirmation by I

Liheslatura to serve on the Council.

(k) Oath. Each confirmed member of the Council, inclusive

of ex-officio members, shall be sworn into the Council and take

an oath for the faithful discharge of the duties of the position.

(l) Annual Budget Request. The Guam Building Code

Council shall transmit its annual operating budget requirements to

the Guam Contractors License Board for inclusion in the latter’s

annual budget request. The Council’s budget shall be primarily

funded by the Contractors License Board Fund, Title 21, Chapter

70, § 70119.

(m) Compensation. Council members may be compensated

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Fifty Dollars ($50.00) per official Council meeting, not to exceed

One Hundred Dollars ($100.00) in any month, provided funds are

available.

(n) Initial Logistical Support. The Guam Contractors

License Board shall provide the Council logistical support, to

include telecommunications, copiers, and administrative

workspace. This Subsection shall be in effect until the Council

has sufficiently established its administrative support base.

(o) Independence of Council and Board. Although the

Guam Building Code Council and the Contractors’ License Board

are funded from the same revenue source, the Council and the

Board shall preserve their respective independence from one

another.

(p) Organization and Meetings. The Council shall meet a

minimum of once every three (3) months. A quorum for the

Council to meet shall consist of five (5) members, one (1) of

whom shall be an appointed Registered Professional under the

provisions of this Chapter. Decisions shall carry with a majority

vote of members present; however, decisions made in the Appeals

Process shall carry in accordance with the voting requirements

outlined in the Council’s Rules and Regulation.

(1) Election of Leadership. The Chairperson, Vice-

Chairperson, and Secretary shall be elected annually by

majority vote of the Council members at the first regular

meeting of the Council after January 1.

(2) Duties of Chairperson. The Chairperson shall call

meetings of the Council, arrange meetings with interested

members of the public who may seek assistance from the

Council, assign duties to Council members, and provide

leadership to the Council. In the absence, or at the request

of, the Chairperson, any or all of these duties shall be

performed by the Vice-Chairperson.

(3) Duties of Secretary. The Secretary shall keep

charge of permanent records and proceedings of every

meeting of the Council, and shall ensure that minutes of

meetings are made available for review at subsequent

meetings. The Secretary shall serve as correspondent of the

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Council and as Treasurer of any funds in the custody of the

Council.

(q) Powers. The Council shall have the power to:

(1) review, as deemed appropriate, proposed revisions,

deletions, additions, or other modifications to the Guam

Building Code, and forward its recommendations for such

modifications to I Liheslatura for adoption;

(2) serve as a Board of Appeals for disputes related to

orders, decisions or determinations made by the Building

Official, Code Official or Fire Code Official relative to the

application and interpretations of the Guam Building Code;

(3) formulate, adopt and amend all Rules and

Regulations governing the conduct of the Council’s affairs,

inclusive of the powers set forth in (1) and (2) of this

Subsection (q) (Powers). The adoption and amendment of

such Rules and Regulations shall be in accordance with the

provisions of the Administrative Adjudication Law; and

(4) contract for the services of legal counsel when

deemed necessary. The Guam Attorney General may also

provide legal counsel to the Council to provide members with

general legal advice concerning matters before them for

consideration. The Council shall retain and exercise all

administrative and civil rights and remedies commonly

available to agencies in the jurisdiction. No action or other

legal proceedings for damages shall be instituted against the

Council, or against any Council member or employee or

agent of the Council, for any act done in good faith and in the

intended performance of any power granted under this

Chapter, or for any neglect or default in the performance or

exercise in good faith of any such duty or power.

(r) Development of Rules and Regulations. The Council

shall develop its Rules and Regulations to guide it in fulfilling its

purpose as stated in §67101.8(a).