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. COL11/29/2022 CH. 67 THE BUILDING CODE

(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 Contractor;

(1)Licensed General Building

(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 COL11/29/2022 CH. 67 THE BUILDING CODE 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 COL11/29/2022 CH. 67 THE BUILDING CODE

(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 COL11/29/2022 CH. 67 THE BUILDING CODE 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 COL11/29/2022 CH. 67 THE BUILDING CODE 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 COL11/29/2022 CH. 67 THE BUILDING CODE 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, ViceChairperson, 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 COL11/29/2022 CH. 67 THE BUILDING CODE 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).