(a) Legislative Findings and Intent. The Legislature finds that the Building Permits and Design Analysis Section of the Department of Public Works is currently backlogged with plan reviews and building inspections, which backlog causes developers many problems with their loans and building plans because of the time involved in drawing plans and getting the plans approved by the various agencies of the government of Guam. The backlog also causes contractors problems with long periods of no work until the plans are approved and permitted, and with long delays waiting for inspections during the construction phase. It is the intent of the Legislature that the government of Guam encourage more construction in all areas by eliminating such a backlog and such long waiting periods. In order to alleviate some of the backlog in required plan reviews and phase inspections by the Building Permits and Design Section, the Legislature finds it appropriate to allow the Section to contract for professional architects and engineers to conduct such plan reviews and inspections.

(b) Outside Architects and Engineers. Notwithstanding any other provision of law, the Building Permits and Design Analysis Section of the Department of Public Works, acting through the building official, is authorized to contract for plan reviews and
building inspection services using licensed Guam architects and engineers.

(c) Creation of Revolving Fund. On the effective date of this Section, a revolving fund, designated as the “”DPW Building and Design Fee Account,”” shall be established separate and apart from other funds of the government of Guam, and separate records shall be kept therefore.

(1) All fees collected for plan checking reviews by the Department of Public Works shall be deposited into the Fund, and shall not lapse at the end of the fiscal year but shall rollover into the next fiscal year or until expended.

(2) Twenty-five percent (25%) of all fees collected pursuant to § 66408 of this Chapter shall be deposited into the Fund for the sole purpose of hiring licensed professional engineers in the unclassified service and shall not lapse at the end of the fiscal year and shall continue until fully expended.

(3) The Director of Public Works shall administer the Fund and shall issue vouchers properly certifying the use of the Fund’s monies.

(4) The monies deposited in the Fund shall be expended only for the operations of the Division of Engineering-Capital Improvement Project Building Permits and Inspection Section.

(5) The Director shall comply with all existing reporting requirements by issuing a quarterly accounting of the Fund to I Maga’låhen Guåhan, I Liheslaturan Guåhan and the Office of Public Accountability.

(6) The Director shall ensure the DPW Building and Design Fee Account Fund is in compliance with all existing statutes, rules and regulations, codes, executive orders, and any other authority which is applicable to the Department of Public Works Division of Engineering-Capital Improvement Project Building Permits and Inspection Section.

(7) All monies in the Fund are hereby appropriated and are not subject to I Maga’låhi’s transfer authority.

(8) Nothing in this Section shall be construed to prohibit the Director from expending monies deposited in the Fund for the purpose of funding positions in the Department of Public Works Division of Engineering- Capital Improvement Project Building Permits and Inspection Section.

(d) Commencement of contracted services. To ensure that there is no impact on the General Fund for such plan reviews and building inspections, no funds may be used from the General Fund to pay therefor. Plan reviews and inspections may be contracted out when adequate funds have accumulated in the DPW Building & Design Fee Account to defray the costs of such contractual services.

(e) List of Approved Architects and Engineers. To ensure a fair and equitable distribution of contracts among available architects and engineers, the building official shall establish a list of approved architects and engineers which shall be used on a rotating basis to solicit proposals for contracts to provide plan reviews and inspections. All architects and engineers on such list must be licensed on Guam.

(f) Fees. Fees charged for plan reviews and inspections that are contracted out shall be determined by soliciting proposals with the fees to be the lowest accepted by the architects and engineers on the approved list.

(g) Quarterly Reports. The building official shall submit a quarterly report to the Speaker of the Legislature detailing the number of plan reviews and building inspections that have been conducted under this section.

SOURCE: Added by P.L. 22-110:1. Subsection (c) repealed by P.L. 28-
068:II:II:9 (Sept. 30, 2005), reenacted by P.L. 30-118:2 (Apr. 1, 2010), amended by P.L. 31-233:XII:33 (Sept. 7, 2012), amended by P.L. 32-
068:XII:21 (Sept. 11, 2013), and amended by P.L. 33-066:XII:33 (Sept.
5, 2015).

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ARTICLE 5
UNSAFE STRUCTURES