First Substitute S.B. 38

Senator Ed P. Mayne proposes to substitute the following bill:

1 QUALITY ASSURANCE ON CONSTRUCTION
2 OF PUBLIC BUILDINGS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ed P. Mayne
6 AN ACT RELATING TO ADMINISTRATIVE SERVICES; ESTABLISHING
7 REQUIREMENTS FOR CONSTRUCTION MATERIALS TESTING AND INSPECTIONS ON
8 PUBLIC BUILDINGS; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 63A-5-204, as last amended by Chapters 285 and 342, Laws of Utah 1998
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 63A-5-204 is amended to read:
14 63A-5-204. Specific powers and duties of director.
15 (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same
16 meaning as provided in Section 63C-9-102 .
17 (2) The director shall:
18 (a) recommend rules to the executive director for the use and management of facilities and
19 grounds owned or occupied by the state for the use of its departments and agencies;
20 (b) supervise and control the allocation of space, in accordance with legislative directive
21 through annual appropriations acts or other specific legislation, to the various departments,
22 commissions, institutions, and agencies in all buildings or space owned, leased, or rented by or to
23 the state, except capitol hill facilities and capitol hill grounds and except as otherwise provided by
24 law;
25 (c) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3, Division

26 of Facilities Construction and Management Leasing;
27 (d) acquire, as authorized by the Legislature through the appropriations act or other
28 specific legislation, and hold title to, in the name of the division, all real property, buildings,
29 fixtures, or appurtenances owned by the state or any of its agencies;
30 (e) adopt and use a common seal, of a form and design determined by the director, and of
31 which courts shall take judicial notice;
32 (f) file a description and impression of the seal with the Division of Archives;
33 (g) collect and maintain all deeds, abstracts of title, and all other documents evidencing
34 title to or interest in property belonging to the state or any of its departments, except institutions
35 of higher education and the School and Institutional Trust Lands Administration;
36 (h) report all properties acquired by the state, except those acquired by institutions of
37 higher education, to the director of the Division of Finance for inclusion in the state's financial
38 records; and
39 (i) take all other action necessary for carrying out the purposes of this chapter.
40 (3) (a) The director shall direct or delegate maintenance and operations, preventive
41 maintenance, and facilities inspection programs and activities for any department, commission,
42 institution, or agency, except:
43 (i) the State Capitol Preservation Board; and
44 (ii) state institutions of higher education.
45 (b) The director may choose to delegate responsibility for these functions only when the
46 director determines that:
47 (i) the department or agency has requested the responsibility;
48 (ii) the department or agency has the necessary resources and skills to comply with facility
49 maintenance standards approved by the State Building Board; and
50 (iii) the delegation would result in net cost savings to the state as a whole.
51 (c) The State Capitol Preservation Board and state institutions of higher education are
52 exempt from Division of Facilities Construction and Management oversight.
53 (d) Each state institution of higher education shall comply with the facility maintenance
54 standards approved by the State Building Board.
55 (e) Except for the State Capitol Preservation Board, agencies and institutions that are
56 exempt from division oversight shall annually report their compliance with the facility

57 maintenance standards to the division in the format required by the division.
58 (f) The division shall:
59 (i) prescribe a standard format for reporting compliance with the facility maintenance
60 standards;
61 (ii) report agency and institution compliance or noncompliance with the standards to the
62 Legislature; and
63 (iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
64 complying with the standards.
65 (4) (a) In making any allocations of space under Subsection (2), the director shall:
66 (i) conduct studies to determine the actual needs of each department, commission,
67 institution, or agency; and
68 (ii) comply with the restrictions contained in this Subsection (4).
69 (b) The supervision and control of the legislative area is reserved to the Legislature.
70 (c) The supervision and control of the judicial area is reserved to the judiciary for trial
71 courts only.
72 (d) The director may not supervise or control the allocation of space for entities in the
73 public and higher education systems.
74 (e) The supervision and control of capitol hill facilities and capitol hill grounds is reserved
75 to the State Capitol Preservation Board.
76 (5) The director may:
77 (a) hire or otherwise procure assistance and services, professional, skilled, or otherwise,
78 that are necessary to carry out the director's responsibilities, and may expend funds provided for
79 that purpose either through annual operating budget appropriations or from nonlapsing project
80 funds;
81 (b) sue and be sued in the name of the division; and
82 (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the Legislature
83 through an appropriations act or other specific legislation, whatever real or personal property that
84 is necessary for the discharge of the director's duties.
85 (6) Notwithstanding the provisions of Subsection (2)(d), the following entities may hold
86 title to any real property, buildings, fixtures, and appurtenances held by them for purposes other
87 than administration that are under their control and management:

88 (a) the Office of Trust Administrator;
89 (b) the Department of Transportation;
90 (c) the Division of Forestry, Fire and State Lands;
91 (d) the Department of Natural Resources;
92 (e) the Utah National Guard;
93 (f) any area vocational center or other institution administered by the State Board of
94 Education; and
95 (g) any institution of higher education.
96 (7) The director shall ensure that any firm performing testing and inspection work
97 governed by the American Society for Testing Materials Standard E-329 on public buildings under
98 his supervision shall:
99 (a) fully comply with the American Society for Testing Materials standard specifications
100 for agencies engaged in the testing and inspection of materials used in construction known as
101 ASTM E-329;
102 (b) employ a full-time registered professional engineer with at least five years of
103 engineering experience in materials testing;
104 (c) use laboratory facilities that are:
105 (i) inspected annually by the Cement and Concrete Reference Laboratory, a division of the
106 National Institute of Standards and Technology; and
107 (ii) accredited by a nationally recognized agency such as:
108 (A) the National Council for Laboratory Accreditation;
109 (B) the National Voluntary Laboratory Accreditation Program; or
110 (C) the American Association of State Highway Transportation Officials;
111 (d) carry a minimum of $1,000,000 of errors and omissions insurance; and
112 (e) perform site inspections only by inspectors who are certified by a nationally recognized
113 agency such as:
114 (i) the International Conference of Building Officials;
115 (ii) the American Welding Society;
116 (iii) the American Concrete Institute;
117 (iv) the National Institution for Certification in Engineering Technologies; or
118 (v) the Division of Occupational and Professional Licensing under Title 58, Chapter 56,

119 Uniform Building Standards Act.
120 [(7)] (8) Notwithstanding any other provision in this part, the Board of Regents may accept
121 buildings, land, or a combination of buildings and land, donated to an eligible higher education
122 institution without obtaining approval of the donation from the director of the Division of Facilities
123 Construction and Management.
124 [(8)] (9) Notwithstanding any other provision of this section, if a donor donates land to an
125 eligible institution of higher education and commits to build a building or buildings on that land,
126 and the institution agrees to provide funds for the operations and maintenance costs from sources
127 other than state funds, and agrees that the building or buildings will not be eligible for state capital
128 improvement funding, the higher education institution may:
129 (a) oversee and manage the construction without involvement, oversight, or management
130 from the Division of Facilities Construction and Management; or
131 (b) arrange for management of the project by the Division of Facilities Construction and
132 Management.
133 [(9)] (10) Notwithstanding Subsections (2)(c) and (d), the School and Institutional Trust
134 Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
135 held by it that are under its control.