Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
Construction code: means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection 15A-1-204(1), including:
Executive director: means the executive director of the Department of Commerce. See Utah Code 15A-1-202
Quorum: The number of legislators that must be present to do business.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 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 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:
rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(9)
(a)
The commission shall annually designate 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; and
(d)
assist the division in overseeing code-related training in accordance with Section 15A-1-209.
(11)
(a)
In a manner consistent with Subsection (10)(c), the commission shall jointly create 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.
