Chapter 66

21 GCA REAL PROPERTY CH. 66 BUILDING LAW 1 CHAPTER 66 BUILDING LAW Article 1. General Provisions. Article 2. Application for Permit; Permit. Article 3. Certificate of Occupancy. Article 4. Building Inspection. Article 5. Unsafe Structures. Article 6. Territorial Land Use Commission. Article 7. Amendments to the Building Code. ARTICLE 1 GENERAL PROVISIONS § 66101. Title. § 66102. Purpose. § 66103. Compliance. § 66104. Application to Existing Buildings. § 66105. Exception: Painting, Cleaning or Fencing. § 66106. Compliance Required. § 66107. Additional Requirements Not Covered. § 66108. Maintenance. § 66109. Administration and Enforcement. § 66110. Delegation of Authority. § 66111. Restrictions on Employees. § 66112. Employees Relieved of Liability. § 66113. Building Records. § 66114. Report to Governor. § 66115. Cooperation. § 66116. Purpose; Rules & Regulations. § 66117. Regulations. § 66118. Discretion to Adapt to Circumstances. § 66119. New or Alternate Materials. § 66120. Prohibitions. § 66101. Title. This Chapter may be cited as the Building Law of Gu am. SOURCE: GC § 31000. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 2 § 66102. Purpose.

e Materials. § 66120. Prohibitions. § 66101. Title. This Chapter may be cited as the Building Law of Gu am. SOURCE: GC § 31000. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 2 § 66102. Purpose. The purpose of this Chapter is to secure and promo te the safety, health and general welfare of the people of the Territory of Guam by providing standards for the location, de sign, material, construction, alteration, repair, buildin g service equipment, maintenance, use, occupancy, moving, rem oval and demolition of buildings, structures and appurtenanc es thereto in the Territory of Guam. SOURCE: GC § 31001. § 66103. Compliance. All buildings and structures, appurtenances connect ed and attached thereto, or equipment thereof, which are e rected, constructed, installed or moved within the Territor y of Guam after the effective date of this Chapter shall comp ly with all provisions of this Chapter; provided, however, that as to structures designed as single family dwellings such structures shall comply with the provisions of this Chapter on ly if they are located or are to be located within an organized vi llage having public utilities.

signed as single family dwellings such structures shall comply with the provisions of this Chapter on ly if they are located or are to be located within an organized vi llage having public utilities. The location and boundaries of su ch organized villages for the purposes of this Law shall from ti me to time be designated and redesignated and defined and redefin ed by Executive Order of the Governor of Guam. SOURCE: GC § 31002. § 66104. Application to Existing Buildings. (a) General. Buildings or structures to which addit ions, alterations or repairs are made shall comply with a ll the requirements for new buildings or structures except as specifically provided in this Section. (b) Addition, Alterations and Repairs: More than Fi fty Percent (50%). When additions, alterations or repai rs within any 12-month period exceed fifty percent (50%) of the v alue of an existing building or structure, such building or st ructure shall be made to conform to the requirements for new buildin gs or structures. (c) Additions, Alterations and Repairs: Twenty-Five Percent (25%) to Fifty Percent (50%). Additions, alteration s and repairs COL9/7/202121 GCA REAL PROPERTY CH.

nts for new buildin gs or structures. (c) Additions, Alterations and Repairs: Twenty-Five Percent (25%) to Fifty Percent (50%). Additions, alteration s and repairs COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 3 exceeding twenty-five percent (25%) but not exceedi ng fifty percent (50%) of the value of an existing building or structure and complying with the requirements for new buildin gs or structures may be made to such building or structur e within any 12-month period without making the entire building or structure comply. The new construction shall conform to the r equirements of this Chapter for a new building of like area, he ight and occupancy. Such building or structure, including ne w additions, shall not exceed the areas and heights specified in this Chapter. (d) Additions, Alterations and Repairs: Twenty-Five Percent (25%) or Less. Structural additions, altera tions and repairs to any portion of an existing building or s tructure, within any 12-month period, not exceeding twenty-five perc ent (25%) of the value of the building or structure, shall co mply with all of the requirements for new buildings or structures, e xcept that minor structural additions,

ot exceeding twenty-five perc ent (25%) of the value of the building or structure, shall co mply with all of the requirements for new buildings or structures, e xcept that minor structural additions, alterations, or repairs , which are made by the building owner, lessee, or their full-time e mployees, families or friends, and not made by a hired contra ctor, which do not affect structural design or integrity of the ho use such as, but not limited to, painting, dry wall repair, finishin g, siding, plumbing, interior wall construction or electrical repairs, may be made with the same material of which the building o r structure is constructed, and may be made without application or notice to the building official. Such building or structure, including new additions, shall not exceed the areas in height spe cified in this Chapter. (e) Nonstructural Alterations and Repairs: Twenty-F ive Percent (25%) or Less. Alterations or repairs, not exceeding twenty-five percent (25%) of the value of an existi ng building or structure which are nonstructural and do not affect any member or part of the building or structure having require d fire resistance, and which are made by the building owne r,

existi ng building or structure which are nonstructural and do not affect any member or part of the building or structure having require d fire resistance, and which are made by the building owne r, lessee, employee, family or friends and not made by a hired contractor, may be made with the same materials of which the bu ilding or structure is constructed, and may be made without a building permit, application or notice, to the building offi cial when made within any twelve-month period. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 4 (f) Repairs: Roof Covering. Not more than twenty-fi ve percent (25%) of the roof covering of any building or structure shall be replaced in any 12-month period unless the new roof covering is made to conform to the requirement of t his Chapter for new buildings or structures. Roof coverings whi ch are twenty-five percent (25%) or less, and are replaced within a 12- month period, when replaced by the building owner, and are not replaced by a hired contractor, may be made without building permit, application or notice to the building offic ial. (g) Existing Occupancy.

period, when replaced by the building owner, and are not replaced by a hired contractor, may be made without building permit, application or notice to the building offic ial. (g) Existing Occupancy. Buildings in existence at t he time of the passage of this Chapter may have their exist ing use or occupancy continued if such use or occupancy was le gal at the time of the passage of this Chapter, provided such continued use is not dangerous to life. (h) Maintenance. All buildings or structures, both existing and new and all part thereof, shall be maintained i n a safe and sanitary condition. All devices or safeguards which are required by this Chapter in a building or structure when ere cted, altered or repaired, shall be maintained in good working order . The owner or his designated agent shall be responsible for th e maintenance of buildings and structures. (i) Unsafe Building Appendages. Parapet walls, corn ices, spires, towers, tanks, statuary and other append ag es or structural members which are supported by, attached to or a pa rt of a building and which are in a deteriorated condition or are otherwise unable to sustain the design loads which are specified in this Chapter,

members which are supported by, attached to or a pa rt of a building and which are in a deteriorated condition or are otherwise unable to sustain the design loads which are specified in this Chapter, are hereby designated as unsafe bu ilding appendages. All such unsafe building appendages are public nuisances and shall be abated in accordance with § 66504 or § 66506 of this Chapter. (j) Historic Buildings. Repairs, alterations and ad ditions necessary for the preservation, restoration, rehabi litation or continued use of a building or structure may be mad e without conformance to all of the requirements of this Chap ter, when authorized by the building official provided: (1) the building or structure has been placed on th e Guam Register of Historical Places; COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 5 (2) any unsafe conditions will be corrected in accordance with approved plans; (3) any substandard conditions will be corrected in accordance with approved plans; and (4) the restored building or structure will be less hazardous, based on life and fire risk, than the ex isting building. SOURCE: GC § 31003 repealed and reenacted by P.L. 14-112:2 (Mar.

ed plans; and (4) the restored building or structure will be less hazardous, based on life and fire risk, than the ex isting building. SOURCE: GC § 31003 repealed and reenacted by P.L. 14-112:2 (Mar. 29, 1978); subsection (j)(1) amended by P.L. 17-076 :1 (Dec. 11, 1984). Subsections (d), (e) and (f) as amended by P.L. 19- 051:2, 3 & 4 (Dec. 31, 1988). § 66105. Exception: Painting, Cleaning or Fencing. Notwithstanding any provision of law, a building pe rmit, application or notice to the building official shal l not be required to paint or clean any building or structure or to b uild any fence which otherwise complies with government of Guam la ws, rules and regulations. SOURCE: Enacted by P.L. 19-051:5 (Dec. 11, 1984); codified by Compiler. § 66106. Compliance Required. No building or structure shall be constructed, exte nded, repaired or altered in violation of the provisions of this Chapter, except for ordinary repairs as defined in § 66104(f ) and except further that the raising or lowering or moving of a building or structure as a unit necessitated by a change in leg al grade or widening of a street shall be permitted; provided, that the building or structure is not otherwise

lowering or moving of a building or structure as a unit necessitated by a change in leg al grade or widening of a street shall be permitted; provided, that the building or structure is not otherwise altered or i ts use or occupancy changed. SOURCE: GC § 31004. 2016 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to section 31003(f) of the Government Cod e was altered to reflect its codification in the GCA. § 66107. Additional Requirements Not Covered. Any requirement essential for structural, fire or s anitary safety of an existing or proposed building or struc ture, or essential for the safety of the occupants thereof a nd which is not COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 6 specifically covered by this Chapter shall be deter mined by the Director of Public Works. SOURCE: GC § 31005. § 66108. Maintenance. All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. SOURCE: GC § 31006. § 66109. Administration and Enforcement. The administration and enforcement of the provision s of this Chapter shall be the responsibility and duty o f the Director of Public Works or his

GC § 31006. § 66109. Administration and Enforcement. The administration and enforcement of the provision s of this Chapter shall be the responsibility and duty o f the Director of Public Works or his designated representatives, who for such purposes shall be known as the building official. SOURCE: GC § 31007 as amended by P.L. 14-112:3 (Mar. 29, 1 978). § 66110. Delegation of Authority. The Director of Public Works is hereby empowered to delegate any authority granted herein, except the a uthority to promulgate rules and any regulations as hereinafter set forth in § 66116, to any employee of the Department of Public Works. Any duty prescribed herein to be performed by the Direc tor of Public Works may be assigned to any employee of the Depart ment of Public Works and the Director of Public Works shall establish and furnish to each such employee appropriate crede ntials to be used in the performance of his official duties. SOURCE: GC § 31008. § 66111. Restrictions on Employees. No employee or officer engaged in administering or enforcing the provisions of this Chapter shall enga ge in any activity inconsistent with his duties under this Ch apter; and no such officer and employee so

yee or officer engaged in administering or enforcing the provisions of this Chapter shall enga ge in any activity inconsistent with his duties under this Ch apter; and no such officer and employee so employed shall during the term of his employment, be engaged directly or indirectly i n any building business, enter into any building contract s or furnish building materials, plans or specifications for oth ers. This section shall not be construed to prohibit any employee fro m contracting for the construction of a building or structure for his own use. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 7 SOURCE: GC § 31009. § 66112. Employees Relieved of Liability. Any officer or employee duly charged with the enfor cement of this Chapter, acting for the government of Guam in the discharge of his duties, shall not thereby render h imself liable personally, and he is hereby relieved from all pers onal liability for any damage that may accrue to persons or proper ty as a result of any act required or permitted in the discharge o f his duties. Any such suit brought against any officer or employ ee because of such act performed by him in the enforcement of any provision of this

any act required or permitted in the discharge o f his duties. Any such suit brought against any officer or employ ee because of such act performed by him in the enforcement of any provision of this Chapter shall be defended by the Attorney General until the final termination of the proceedi ngs. SOURCE: GC § 31010. § 66113. Building Records. The Director of Public Works shall keep official re cords of applications received, permits and certificates iss ued, fees collected, reports of inspections, and notices, rul es, regulations, decisions and orders issued. File copies of all pap ers in connection with building operations shall be retain ed in the official records so long as the building or structu re to which they relate remains in existence. SOURCE: GC § 31011 from the original Government Code of Gu am enacted in 1952. Former subsection (a) was repealed by P.L. 14-112:8 (Mar. 29, 1978). § 66114. Report to Governor. The Director of Public Works shall annually submit a report to the Governor of Guam which report shall include a summary of all permits and certificates issued, rules, regu lations and other promulgated, and materials approved. SOURCE: GC § 31012. § 66115.

rt to the Governor of Guam which report shall include a summary of all permits and certificates issued, rules, regu lations and other promulgated, and materials approved. SOURCE: GC § 31012. § 66115. Cooperation. Officials of other departments in the government of Guam exercising any degree of control over construction, use or occupancy of buildings or structures, appurtenances connected or attached thereto or equipment thereof, under other applicable COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 8 laws of Guam shall cooperate and assist in the enfo rcement of the provisions of this Chapter. Any territorial emp loyee empowered to make inspections of such structures sh all promptly report to the head of his department any v iolations of the provision of this Chapter. Such department head shall promptly communicate the violation to the Director of Public Works. SOURCE: GC § 31013. § 66116. Purpose; Rules and Regulations. (a) The provisions of this Chapter are designed to set forth the standards of safety, strength, sanitation and f ire resistance and the express approval of certain materials, meth ods, devices or equipment which will satisfy these same standard s.

to set forth the standards of safety, strength, sanitation and f ire resistance and the express approval of certain materials, meth ods, devices or equipment which will satisfy these same standard s. (b) In furtherance of the intent of subsection (a) of this section the Director of Public Works may formulate and promulgate, and may amend or repeal regulations sup plementary to and not inconsistent with the provisions of this and other applicable Federal and territorial laws. Said regul ations shall have the force and effect of law and shall be conce rned with the uses of alternate materials, methods, devices, equi pment and tests which are deemed acceptable as meeting the st andards established by or pursuant to this Chapter; and wit h such other matters as the Director of Public Works may, from t ime to time, deem necessary in order to effectuate the express p urposes of this Chapter. It is the intent of this section that the standards of the governmental agencies and recognized national t echnical organizations listed in this Chapter shall serve as a guide in prescribing regulations promulgated pursuant to thi s Chapter. SOURCE: GC § 31014. NOTE: P.L.

gencies and recognized national t echnical organizations listed in this Chapter shall serve as a guide in prescribing regulations promulgated pursuant to thi s Chapter. SOURCE: GC § 31014. NOTE: P.L. 13-040:1 repealed and reenacted that portion o f the Administrative Adjudication Law specifying procedur es which must be followed by government departments and agencies in order to promulgate rules and regulations. The law governing same is no w set out in Art. 3, Chapter 9 of Title 5 Guam Code Annotated, Governmen t Operations. § 66117. Regulations. (a) No regulation of the Director of Public Works i ssued pursuant to this Chapter shall become effective unt il fifteen (15) COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 9 days after notice of intention to enforce it shall have been given in a newspaper in general circulation in the Territ ory of Guam, and until a public hearing shall have been held; pr ovided, that said public hearing shall not be necessary unless a written request shall have been made for such hearing durin g the four (4) weeks following publication. Such regulation must b e drawn in its proposed form and open to public inspection at the time the notice to

est shall have been made for such hearing durin g the four (4) weeks following publication. Such regulation must b e drawn in its proposed form and open to public inspection at the time the notice to enforce is published. (b) Any regulation may be amended or repealed by th e same procedure prescribed for the adoption of new rules. (c) The Director of Public Works, not less than thi rty (30) days subsequent to the publishing of the notice to enforce, may make such regulations effective by publication, in a newspaper of general circulation in the Territory of Guam, of a statement to the effect that such regulation has been adopted an d that three (3) certified copies of the complete regulation are now available for public use at the office of the Director of Public Works. SOURCE: GC § 31015. § 66118. Discretion to Adapt to Circumstances. The Director of Public Works may vary or modify the application of any provision of this Chapter or of any regulation adopted pursuant thereto, consonant with the spirit and intent of the law, upon application of the owner or his repre sentative, if any of the following conditions: (a) When there are practical difficulties involved in carrying out

ant with the spirit and intent of the law, upon application of the owner or his repre sentative, if any of the following conditions: (a) When there are practical difficulties involved in carrying out structural or mechanical provisions of this Chapter or of a regulation adopted pursuant thereto , or (b) Where the proposed variation or modification wi ll not substantially affect the structural integrity d esigned to be achieved by the provisions of this Chapter or of any regulation adopted pursuant thereto. SOURCE: GC § 31016. § 66119. New or Alternate Materials. (a) Any new or alternative materials, methods, devi ces or equipment may be used by their proponent only when the COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 10 proposed use has been expressly authorized in writi ng by the Director of Public Works in execution of the broad policy set forth in Section § 66116(a) of this Chapter. The Di rector of Public Works may promulgate procedures not inconsis tent with rules, regulations and standards in addition to the provisions of the National Codes adopted in this Chapter to adopt or to accommodate circumstances and materials which affec ts the energy, efficiency and

regulations and standards in addition to the provisions of the National Codes adopted in this Chapter to adopt or to accommodate circumstances and materials which affec ts the energy, efficiency and construction costs of single -family dwellings. Such procedures, rules, regulations and standards shall be promulgated in accordance with Sections 66 116 and 66117 of this Chapter. (b) The proponent shall file, in addition to his ap plication for a building permit, a request for authorization to use the proposed new or alternate material, method, device or equipment, accompanied by proof in support of his c laims regarding the consistency of the proposed use with the standards established by this Chapter. Such proof shall consi st of a complete report from an approved laboratory listed in this Chapter on the performance characteristics of the s ubject matter to meet the proposed use as set forth in the applic ation for a building permit. (c) The Director of Public Works, within a reasonab le time after submission of the request for authorization o f the proposed use, shall approve or disapprove such use.

ation for a building permit. (c) The Director of Public Works, within a reasonab le time after submission of the request for authorization o f the proposed use, shall approve or disapprove such use. Said app roval or disapproval shall be in writing, and shall set fort h the basis of said Director’s decision. Any approval shall requir e the applicant to utilize such material, method, device or equipme nt in strict conformity with the terms of the approval. SOURCE: GC § 31017. Subsection (a) as amended by P.L. 17-0 76:2 (Dec. 11, 1984). § 66120. Prohibitions. It shall be unlawful to construct, enlarge, alter, remove or demolish, or change the occupancy of a building fro m one use group to another requiring greater strength, exit o r sanitary provisions, or to change to a prohibited use, or to install or alter any equipment for which provision is made or the in stallation of which is regulated by this Chapter, without first f iling an application with the building official in writing, and obtaining COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 11 the required permit therefor; except that ordinary repairs as defined in 66104(f) which do not involve any violat ion of this

ing, and obtaining COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 11 the required permit therefor; except that ordinary repairs as defined in 66104(f) which do not involve any violat ion of this Chapter shall be exempt from this provision. SOURCE: GC § 31018. 2016 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the reference to section 31003(f) of the Government Cod e was altered to reflect its codification in the GCA. ----------- ARTICLE 2 APPLICATION FOR PERMIT ; PERMIT § 66201. Application for Permit. § 66202. Same: Who May Make. § 66202.1. Clearing and Grading Permit Required for Government Agencies. § 66203. Same: Content. § 66204. Same: Additional Information Required. § 66205. Same: Plot Plan Required. § 66206. Same: Additional Details Required. § 66207. Same: Examination. § 66208. Same: Action Upon. § 66209. Same: Endorsement. § 66210. Approved Plans: Changes Prohibited. § 66211. Same: Disposition of. § 66212. Permit. § 66213. Special Permit. § 66214. Cessation in Building. § 66201. Application for Permit. The application for a permit shall be submitted in such form as the building official may prescribe and shall be accompanied by the required fee as

ation in Building. § 66201. Application for Permit. The application for a permit shall be submitted in such form as the building official may prescribe and shall be accompanied by the required fee as prescribed in § 66408. SOURCE: GC § 31019. § 66202. Same: Who May Make. Application for a permit shall be made by the owner or lessee of the property, or agent of either, or by t he licensed COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 12 engineer or architect employed in connection with t he proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee that the applicant is authorized to ma ke such application. The full names and addresses of the ow ner, lessee, applicant and, where the owner or lessee is a corpo ration, the responsible officers shall be stated in the applica tion. SOURCE: GC § 31020. § 66202.1. Clearing and Grading Permit Required for Government Agencies. (a) A permit for Clearing, Grading, and Constructio n shall be required of government, autonomous, and public e ntities in the same manner as private citizens.

ermit Required for Government Agencies. (a) A permit for Clearing, Grading, and Constructio n shall be required of government, autonomous, and public e ntities in the same manner as private citizens. An application for the permit shall be submitted to the Department of Public Works by the entity who owns t he property, or which is to authorize, complete, or co ntract for the proposed project on government land, with the appro val of the following agencies indicated on the application to the Department of Public Works: Department of Land Mana gement, Zoning Division; Department of Parks and Recreation ; Guam Power Authority; Guam Environmental Protection Agen cy; Guam Geodetic Network Survey Division; Department o f Agriculture; and the Department of Public Works. N o fee shall be charged for government application for a permit pursuant hereto and the application shall be submitted in su ch form as the Building Official may prescribe. Government entitie s shall be subject to all other applicable provisions of this Chapter. Clearing, grading, or construction shall not begin on any government property or project in violation of this statute.

t entitie s shall be subject to all other applicable provisions of this Chapter. Clearing, grading, or construction shall not begin on any government property or project in violation of this statute. Building Officials and Guam Peace Officers are auth orized to issue citations to violators of this Section in acc ordance with the rules and regulations promulgated by the Department of Public Works in this regard. Officers acting in violation of this statute shall be held personally liable for all damages res ulting therefrom, and shall be subject to a fine of One Th ousand Dollars ($1,000) for each offense, and may be fined up to Five Thousand Dollars ($5,000) for violations after the third violation of this Section. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 13 (b) Government, autonomous, and public entities sha ll not be required to obtain the permit required in Subsec tion (a) for work done in response to typhoons, earthquakes, or other natural disaster or emergency as declared by I Maga’lahen Guåhan and requiring an immediate response in order to minimiz e environmental damage, restore utility services, or protect utility systems. SOURCE: Added by P.L. 27-111.

as declared by I Maga’lahen Guåhan and requiring an immediate response in order to minimiz e environmental damage, restore utility services, or protect utility systems. SOURCE: Added by P.L. 27-111. Amended by P.L. 31-081:1 (S ept. 30, 2011). § 66203. Same: Content. The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structures and of all portions of t he site or lot not covered by the building, and such additional inform ation as may be required by the building official. SOURCE: GC § 31021. § 66204. Same: Additional Information Required. The application for the permit shall be accompanied by not less than two copies of specifications and of plans drawn to scale, with sufficient clarity and detail dimension s, showing the nature and character of the work to be performed. W hen quality or its equivalent is used, information shall be giv en to establish such quality; and in no case shall this Chapter be cited or the term legal specifications or its equivalent be used as a substitute for specific information.

information shall be giv en to establish such quality; and in no case shall this Chapter be cited or the term legal specifications or its equivalent be used as a substitute for specific information. The building official may waive the required for filing plans when the work involved is of a minor nature. SOURCE: GC 31022. § 66205. Same: Plot Plan Required. There shall also be filed a plot plan showing to sc ale the size and location of all the new construction and a ll existing structures on the site, distances from lot lines an d established street grades; and it shall be drawn in accordance with an accurate boundary-line survey. In the case of demol ition, the plot plan shall show all construction to be demolished a nd the location and size of all existing buildings and con structions that COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 14 are to remain on the site or plot. The building off icial may waive the requirements of this section when the work invo lved is of a minor nature. SOURCE: GC § 31023. § 66206. Same: Additional Details Required. The building official may require adequate details of structural, mechanical and electrical work includin g computations, stress

ature. SOURCE: GC § 31023. § 66206. Same: Additional Details Required. The building official may require adequate details of structural, mechanical and electrical work includin g computations, stress diagrams and other essential t echnical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design. SOURCE: GC § 31024. § 66207. Same: Examination. The building official shall promptly examine or cau se to be examined, each application for a building permit an d all materials filed in conjunction therewith, in order to ascertain whether the proposed work is in accordance with the requirements of the provisions of this Chapter. Whe never the actual physical conditions of the proposed work, or the site thereof, are not apparent from the application for a building permit and the materials filed in conjunction there with, the building official shall examine or cause to be exam ined the site of the proposed work in order to determine such con ditions. SOURCE: GC § 31025. § 66208. Same: Action Upon. (a) The building official shall act upon each appli cation for a building permit without unreasonable or unnec

in order to determine such con ditions. SOURCE: GC § 31025. § 66208. Same: Action Upon. (a) The building official shall act upon each appli cation for a building permit without unreasonable or unnec essary delay. On finding conformity with all the requirements of this and other applicable laws, the building official shall, upon receipt of the required fee, issue the permit to the applicant whi ch shall specifically and clearly state any terms and condit ions imposed by the Guam Land Use Commission or the Department o f Public Works that are not stated as mandates in the applic ation, plans, or specifications. (b) If an application for a permit, or the plans an d specifications submitted therewith, describe propos ed work not COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 15 in conformity with all the requirements of this and other applicable laws, or not in compliance with the Guam Land Use Commission terms and conditions on approval of cond itional use, variance, or zone change, or do not contain su fficient information to enable the building official to reac h a decision, he shall not issue a permit, but shall return the plan s and specifications to the applicant, together

or do not contain su fficient information to enable the building official to reac h a decision, he shall not issue a permit, but shall return the plan s and specifications to the applicant, together with his refusal to issue such permit, and reason therefor. The building offi cial, upon request of the applicant SOURCE: GC § 31026. Amended by P.L. 36-007:6 (Mar. 5, 2021 ). § 66209. Same: Endorsement. The building official, upon the issuance of a permi t, shall endorse in writing or stamp on both sets of plans a nd specifications 'APPROVED FOR PERMIT #.........' and affix his signature to such endorsement. SOURCE: GC § 31027. § 66210. Approved Plans: Changes Prohibited. Approved plans and specifications shall not be chan ged, modified or altered in any manner affected by the p rovisions of this or other applicable laws, without express writ ten authorization from the building official, and all w ork shall be done in accordance with the approved plans and spec ifications. In the event that field conditions require variatio ns to permitted specifications or plot layout for ongoing and futur e projects affecting underground facilities on public easement s, permitee shall maintain and

hat field conditions require variatio ns to permitted specifications or plot layout for ongoing and futur e projects affecting underground facilities on public easement s, permitee shall maintain and file an as built drawing with th e Department of Public Works within thirty (30) days of completi on of the work. Failure to file as built drawing shall waive the permitee’s or operator’s right to recover from a subsequent co ntractor for any damage to the underground facilities pursuant t o Chapter 71 of Title 21, Guam Code Annotated. SOURCE: GC § 31028. Amended by P.L. 29-146:2 (Jan. 30, 20 09). § 66211. Same: Disposition of. The building official shall retain one set of appro ved and endorsed plans and specifications with their attach ed data and return the other set to the applicant. The applican t’s set shall be COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 16 kept at the work site at all times during which the authorized work is in progress, and shall be open to inspectio n at all reason able times to the building official or his authoriz ed representative. SOURCE: GC § 31029. § 66212. Permit.

ng which the authorized work is in progress, and shall be open to inspectio n at all reason able times to the building official or his authoriz ed representative. SOURCE: GC § 31029. § 66212. Permit. (a) The issuance of a building permit or approval o f plans and specifications shall not be construed to be a p ermit for, or approval of any violation of the provisions of this Chapter or of the terms and conditions imposed by the Guam Land U se Commission or the Department of Public Works on the use of the property or project. Any building permit presum ing to cancel such provisions or condone such violations shall be entirely invalid and void. (b) The issuance of a building permit after approva l of plans, specifications and attached data submitted t herewith, shall not prevent the building official from thereafter r equiring correction of any errors in said plans, specificati ons and data, nor from prohibiting building operations to be carried on thereunder until said correction is made. (c) Any building permit shall lapse and be void if the work authorized by it is not commenced within twelve (12 ) months after its issuance; or is suspended or abandoned fo r a period of twelve

made. (c) Any building permit shall lapse and be void if the work authorized by it is not commenced within twelve (12 ) months after its issuance; or is suspended or abandoned fo r a period of twelve (12) months at any time after the work has b een commenced; provided, that, for cause, the building official may grant four (4) extensions of up to a maximum of thr ee (3) months each. All such extensions shall be in writing and n oted on the building permit and in the building records of the Department of Public Works. (d) Should any discrepancy or conflict exist betwee n the adopted codes pursuant to Chapter 67 of Title 21, G uam Code Annotated, and any subsection of § 66212 of Chapter 66, Title 21, Guam Code Annotated, the subsection of § 66212 of Chapter 66, Title 21, Guam Code Annotated, shall take prece dence. SOURCE: GC § 31030. Subsection (a) amended by P.L. 36-007: 7 (Mar. 5, 2021). Subsection (c) amended by P.L. 36-033:1 ( June 11, 2021). Subsection (d) amended by P.L. 36-033:2 (June 11, 2 021). COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 17 § 66213. Special Permit. The building official may, at his discretion, after receipt of an application for a building permit

2 (June 11, 2 021). COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 17 § 66213. Special Permit. The building official may, at his discretion, after receipt of an application for a building permit and pending is suance of such building permit, issue a special permit for the fou ndations, and without assurance that a building permit for the su perstructure will be granted. Such activity as the applicant may undertake under said special permit must be in full complianc e with the provisions of this and any other applicable law. SOURCE: GC § 31031. § 66214. Cessation in Building. Whenever there is a cessation in the authorized con struction of any building or structure of more than twelve (1 2) months, the building official, by written order served upon the permit holder and the owner of the premises, shall require the ho lder of the permit or said owner to place such premises in a co ndition of reasonable health and safety in the determination o f the building official. SOURCE: GC § 31032. ---------- ARTICLE 3 CERTIFICATE OF OCCUPANCY § 66301. Certificate of Occupancy. § 66302. Same: Alterations. § 66303. Same: Content. § 66304. Same: Changes. § 66305. Same: Application. § 66306.

1032. ---------- ARTICLE 3 CERTIFICATE OF OCCUPANCY § 66301. Certificate of Occupancy. § 66302. Same: Alterations. § 66303. Same: Content. § 66304. Same: Changes. § 66305. Same: Application. § 66306. Same: Same: Inspection. § 66307. Same: Issuance or Denial. § 66301. Certificate of Occupancy. No building or structure hereafter erected shall be occupied or used, in whole or in part, until a certificate o f occupancy shall have been issued by the building official and poste d on the premises certifying that such building confirms to the provisions of this Chapter. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 18 SOURCE: GC § 31033. § 66302. Same: Alterations. No building or structure hereafter enlarged or exte nded, or so altered, wholly or in part, as to change its cla ssification or occupancy, shall be occupied or used, in whole or i n part, until a certificate of occupancy shall have been issued by the building official certifying that the work for which the per mit was issued has been completed in accordance with the provision s of the law; provided, that if the occupancy or use of such buil ding was not discontinued during the work of alteration, the occ upancy or use of

has been completed in accordance with the provision s of the law; provided, that if the occupancy or use of such buil ding was not discontinued during the work of alteration, the occ upancy or use of said building or structure shall not continue fo r more than thirty (30) days after completion of the alteration unless such certification shall have been issued. SOURCE: GC § 31034. § 66303. Same. Content. In addition to the certification as to compliance w ith the provisions of this Chapter, the certificate of occu pancy shall state the purposes for which the building may be used in its several parts, the maximum permissible live loads on the se veral floors, the number of individual persons that may be accomm odated in the several stories, in case such number is limited by provision of law or by the permit, and whether the structure is a fully- concrete dwelling installed with typhoon shutters, and shall clearly and specifically state any additional terms and conditions imposed by the Guam Land Use Commission or the Depa rtment of Public Works. SOURCE: GC § 31035. Amended by P.L. 23-128:IV:28(a) (Dec. 12, 1996). Repealed and reenacted by P.L. 24-059:IV:2 ( Sept. 12, 1997).

by the Guam Land Use Commission or the Depa rtment of Public Works. SOURCE: GC § 31035. Amended by P.L. 23-128:IV:28(a) (Dec. 12, 1996). Repealed and reenacted by P.L. 24-059:IV:2 ( Sept. 12, 1997). Amended by P.L. 36-007:8 (Mar. 5, 2021). § 66304. Same: Changes. (a) No change of occupancy shall be made in a build ing or structure hereafter erected or altered that is not consistent with the last issued certificate of occupancy, unless a new certificate of occupancy is secured. No change of occupancy tha t would bring a building or structure under some special pr ovisions of this Chapter shall be made, unless the building off icial finds, upon inspection, that such building or structure co nforms COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 19 substantially to the provisions of law with respect to the proposed new occupancy, and issues a certificate of occupancy therefor. (b) The occupancy of a building shall not be deemed to have been changed because of a temporary vacancy or change of ownership or tenancy. The re-establishment in a bui lding, after a change of occupancy has been made, of a prior use t hat would not have been permitted in a new building of the sa me type

change of ownership or tenancy. The re-establishment in a bui lding, after a change of occupancy has been made, of a prior use t hat would not have been permitted in a new building of the sa me type of construction, is prohibited. The change from a spec ifically prohibited use to another specifically prohibited u se shall not be made. SOURCE: GC § 31036. § 66305. Same: Application. Any person desiring a certificate of occupancy as hereinabove required shall, after completion of the work for which the building permit was issued, file with the building official a signed application therefore on a form f urnished by the building official stating, in writing, that the wor k has been completed in compliance with the terms of the const ruction permit and the provisions of this Chapter. SOURCE: GC § 31037. § 66306. Same: Same: Inspection. The building official, upon receipt of an applicati on for a certificate of occupancy, shall promptly inspect or cause to be inspected the construction, enlargement, alteration , repair, conversion, movement or improvement of the building , structure or appurtenances, or the installation of equipment for which a building permit was issued in order to

enlargement, alteration , repair, conversion, movement or improvement of the building , structure or appurtenances, or the installation of equipment for which a building permit was issued in order to ascertain wh ether the proposed work has been completed in accordance with the requirements of the building permit and the provisi ons of this Chapter. SOURCE: GC § 31038. § 66307. Same: Issuance or Denial. (a) If after inspection as provided in § 66306, it is found that the proposed work has been completed in accord ance with COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 20 the requirements of the building permit, the terms and conditions set by the Guam Land Use Commission for use of the property, and the provisions of this Chapter, together with t he certification issued by the Director of the Department of Revenue and Taxation that the property and all the improvements thereon have been entered into the tax assessment rolls, th e building official shall issue a certificate of occupancy. Th e building official shall keep a permanent record of all certi ficates of occupancy issued.

en entered into the tax assessment rolls, th e building official shall issue a certificate of occupancy. Th e building official shall keep a permanent record of all certi ficates of occupancy issued. (b) If after inspection, as provided in § 66306, it is found that the proposed work has not been completed in ac cordance with the building permit, the terms and conditions set by the Guam Land Use Commission for use of the property, o r the provisions of this Chapter, the building official s hall refuse to issue a use permit and shall order the work complet ed to comply with the building permit or this Chapter. (c) The building official may issue a temporary use permit for any portion or portions of the premises which m ay be safely occupied prior to the issuance of a certificate of occupancy . SOURCE: GC § 31039. Subsection (a) amended by P.L. 23-061: 2 (Dec. 5, 1995). Amended by P.L. 36-007:9 (Mar. 5, 2021). --------- ARTICLE 4 BUILDING INSPECTION § 66401. Building Inspection. § 66402. Same. § 66403. Same. § 66404. Tests As Proof of Compliance. § 66405. Same: Prefabricated Buildings. § 66406. Stoppage of Work for Noncompliance. § 66407. Revocation of Permit. § 66408. Fees. § 66409.

Same. § 66403. Same. § 66404. Tests As Proof of Compliance. § 66405. Same: Prefabricated Buildings. § 66406. Stoppage of Work for Noncompliance. § 66407. Revocation of Permit. § 66408. Fees. § 66409. Contractual Review of Plans & Permits. § 66401. Building Inspection. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 21 The building official or his authorized representat ive, insofar as may be necessary in the performance of h is duties, upon showing proper credentials, may enter at any r easonable time any building, structure or premises in the Ter ritory of Guam to perform any duty imposed upon him by this Chapte r. Any person or persons interfering with the building off icial or his authorized representative in the performance of suc h duties shall be liable to the penalties hereinafter provided. SOURCE: GC § 31040. § 66402. Same. (a) The building official, in order to accomplish t he express purpose of this law as set forth in § 66102, shall inspect or cause to be inspected from time to time, but not less tha n once every three (3) years, all buildings, structures, appurte nances and equipment in order to verify proper maintenance, co ntinues compliance with the applicable

m time to time, but not less tha n once every three (3) years, all buildings, structures, appurte nances and equipment in order to verify proper maintenance, co ntinues compliance with the applicable provisions of this C hapter and with such other laws, rules and regulations as may be applicable. (b) Whenever in the opinion of the building officia l, any part of the structural frame or construction of any building, structure, or equipment is in an unsafe or unsanita ry condition, he may order such portions of the structural frame or construction of the building, structure or equipmen t exposed for inspection. (c) The building official shall record the findings from such inspections in the current record as provided for i n § 66113. SOURCE: GC § 31041. § 66403. Same. (a) The building official shall inspect or cause to be inspected from time to time during the progress of work thereon, all buildings or structures for work on which a bui lding permit has been issued and is outstanding. A record shall be made of every inspection and of all violations of the provi sions of this Chapter as discovered by such inspection and of oth er applicable laws, rules and regulations.

outstanding. A record shall be made of every inspection and of all violations of the provi sions of this Chapter as discovered by such inspection and of oth er applicable laws, rules and regulations. (b) The Director of Public Works shall promulgate r ules and regulations concerning the required inspections, re inspection and COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 22 special inspection. Promulgation of these rules and regulations shall be done in accordance with § 66116(a) and the Administrative Adjudication Law. (c) The Director of Public Works shall require insp ection of an elevator by an official inspector each time the derailment of a counterweight is indicated by the appropriate detec tion device. Such inspection shall be performed before the eleva tor may be returned to service. (d) Inspections: general. All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall re main accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of co nstruction shall have continuous inspection as specified in Sections 305, 306 and

essible and exposed for inspection purposes until approved by the building official. In addition, certain types of co nstruction shall have continuous inspection as specified in Sections 305, 306 and 307 of the 1991 edition of the Uniform Building Cod e promulgated by the International Conference of Buil ding Officials (the 'UBC'), or its equivalent in the 200 9 International Building Code and related codes, which sections are hereby incorporated by reference in the Building Law of Gu am, except that subsections (d) and (e) of subparagraph (c) of said Section 306 of the UBC, or its equivalent in the 2009 Inter national Building Code and related codes, permitting the wai ver of special inspections, and periodic special inspectio ns, respectively, are not included in the incorporation of such section in the Building Law of Guam and shall not be so inc orporated except by specific statute. (e) [Repealed]. SOURCE: GC § 31042 as amended by P.L. 14-112:4 (Mar. 29, 1 978); Subsection (d) added by P.L. 22-83:2; Subsection (e ) added by P.L. 22- 83:3. Subsection (d) amended by P.L. 30-199:18 (Se pt. 21, 2010). Subsection (e) repealed by P.L. 30-199:19 (Sept. 21 , 2010). § 66404.

on (d) added by P.L. 22-83:2; Subsection (e ) added by P.L. 22- 83:3. Subsection (d) amended by P.L. 30-199:18 (Se pt. 21, 2010). Subsection (e) repealed by P.L. 30-199:19 (Sept. 21 , 2010). § 66404. Tests as Proof of Compliance. (a) Whenever there is insufficient evidence that an y material or any construction does not conform to the require ments of this Title, or in order to substantiate claims for alter nate materials or methods of construction, the building official may require tests COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 23 as proof of compliance to be made at the expense of the owner or his agent by an approved agency or laboratory liste d in this Title. (b) Tests shall be in accordance with generally rec ognized standard test procedures for the proposed use. In t he absence of such standard test procedures, the building officia l shall specify the test procedure. (c) The building official may require tests to be r epeated, if at any time he has reason to believe that an approv ed use no longer conforms to the requirements upon when the a pproval was based. SOURCE: GC § 31043. § 66405. Same: Prefabricated Buildings.

ed, if at any time he has reason to believe that an approv ed use no longer conforms to the requirements upon when the a pproval was based. SOURCE: GC § 31043. § 66405. Same: Prefabricated Buildings. Where the unit or component parts of a prefabricate d building are not readily accessible to inspection, the building official may accept a certification from an approve d national testing agency that the building is identical with a specimen previously approved by the national authority. SOURCE: GC § 31044. § 66406. Stoppage of Work for Noncompliance. (a) Upon notice from the building official that wor k on any building or structure is being prosecuted in vi olation of the provisions of this or other applicable laws, or rul es and regulations issued pursuant thereto, or in violatio n of any of the terms and conditions imposed upon the issuance of a zone change, variance, or conditional use permit approve d by the Guam Land Use Commission, or in an unsafe and dange rous manner, such work shall be immediately stopped. (b) The stopwork order shall be in writing and shal l be given to the owner of the property involved, or to the owner’s agent, or to the person in charge of the work; and

hall be immediately stopped. (b) The stopwork order shall be in writing and shal l be given to the owner of the property involved, or to the owner’s agent, or to the person in charge of the work; and shall state the conditions under which work may be resumed. (c) The building official may require that work be stopped on oral notice, pending issuance of a written order , in these instances where he deems immediate action is necess ary for public safety. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 24 SOURCE: GC § 31045. Subsection (a) amended by P.L. 36-007: 10 (Mar. 5, 2021). § 66407. Revocation of Permit. The building official shall revoke a permit or appr oval issued under the provisions of this law: (a) in any case of a false statement or misrepresentation as to a material fact in any appl ication or plans and specifications in which the permit was is sued, or approval given; (b) in any case in which a permit was issued in err or and conditions are such that a permit should not ha ve been issued; (c) in any case where a building permit owner refus es to comply with a stopwork order issued under the provisions of § 66406; and (d) in any case of noncompliance with any of

not ha ve been issued; (c) in any case where a building permit owner refus es to comply with a stopwork order issued under the provisions of § 66406; and (d) in any case of noncompliance with any of the terms and conditions of a zone change, variance, or conditional use permit by the Guam Land Use Commiss ion . SOURCE: GC § 31046. Amended by P.L. 36-007:11 (Mar. 5, 202 1). § 66408. Fees. Building Permit Fees. A fee for each permit issued by the building official in connection with any work cover ed by this Chapter shall be paid to the Treasurer of Guam. The building Official shall charge fees as set forth in Table 3A of the latest edition of the Uniform Building Code (UBC) except t hat the building permit fee for a single family residence o r storage facility, cooking facility, fence or any other impr ovement for residential use whether such improvement is attache d to the dwelling or not, shall be one-half ( 2) applicable fee in Table 3- A. The determination of value or valuation under an y of the provisions of this Chapter shall be made by the bui lding official. The valuation to be used in computing the permit an d the plan- check fees shall be the total value of all construc

der an y of the provisions of this Chapter shall be made by the bui lding official. The valuation to be used in computing the permit an d the plan- check fees shall be the total value of all construc tion work for which the permit is issued, as well as all finish w ork, painting, roofing, electrical, plumbing, heating, air conditi oning, elevator, fire extinguishing system and any other permanent e quipment. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 25 Where work for which a permit is required by this C hapter is started or proceeded with prior to obtaining said p ermit, the fees specified in Table 3A of the latest edition of the Uniform Building Code shall be doubled, but the payment of such doubled fee shall not relieve any persons from full y complying with the requirement of this Chapter in the executi on of the work nor from any other penalties prescribed herein. SOURCE: GC § 31047. Subsection (c) amended by 12-152:3 (Ju ly 2, 1974); § 31047 repealed and reenacted by P.L. 14-11 2:5 (Mar. 29, 1978); subsection (a) amended by P.L. 15-090:16 (Jan. 8, 1980). NOTE: Reference to latest edition of the Uniform Buildi ng Code made pursuant to P.L. 17-076:4 (Dec. 11, 1984).

.L. 14-11 2:5 (Mar. 29, 1978); subsection (a) amended by P.L. 15-090:16 (Jan. 8, 1980). NOTE: Reference to latest edition of the Uniform Buildi ng Code made pursuant to P.L. 17-076:4 (Dec. 11, 1984). 2013 NOTE: Subsection designation deleted to adhere to the C ompiler’s general codification scheme in accordance to the au thority granted by 1 GCA § 1606. § 66409. Contractual Review of Plans & Permits. (a) Legislative Findings and Intent. The Legislatur e finds that the Building Permits and Design Analysis Secti on of the Department of Public Works is currently backlogged with plan reviews and building inspections, which backlog cau ses developers many problems with their loans and build ing plans because of the time involved in drawing plans and g etting the plans approved by the various agencies of the gover nment 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 Legisla ture that the government of Guam encourage more construction in a ll areas by eliminating such a backlog and such long waiting periods.

during the construction phase. It is the intent of the Legisla ture that the government of Guam encourage more construction in a ll 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 D esign Section, the Legislature finds it appropriate to al low the Section to contract for professional architects and enginee rs to conduct such plan reviews and inspections. (b) Outside Architects and Engineers. Notwithstandi ng any other provision of law, the Building Permits and De sign Analysis Section of the Department of Public Works, acting t hrough the building official, is authorized to contract for pl an reviews and COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 26 building inspection services using licensed Guam ar chitects and engineers. (c) Creation of Revolving Fund. On the effective da te 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 sep arate records shall be kept therefore.

ving 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 sep arate records shall be kept therefore. (1) All fees collected for plan checking reviews b y 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 expend ed. (2) Twenty-five percent (25%) of all fees collecte d 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 Pe rmits and Inspection Section. (5) The Director shall comply with all existing reporting requirements by issuing a quarterly accou nting of the Fund to I Maga’låhen Guåhan , I

ment Project Building Pe rmits and Inspection Section. (5) The Director shall comply with all existing reporting requirements by issuing a quarterly accou nting 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 e xisting statutes, rules and regulations, codes, executive o rders, and any other authority which is applicable to the Depa rtment of Public Works Division of Engineering-Capital Improvement Project Building Permits and Inspection Section. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 27 (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 deposit ed in the Fund for the purpose of funding positions in th e 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 pla n reviews and building inspections, no

ent Project Building Permits and Inspection Section. (d) Commencement of contracted services. To ensure that there is no impact on the General Fund for such pla n 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 cos ts of such contractual services. (e) List of Approved Architects and Engineers. To e nsure a fair and equitable distribution of contracts among available architects and engineers, the building official sha ll establish a list of approved architects and engineers which shall be used on a rotating basis to solicit proposals for contracts t o provide plan reviews and inspections. All architects and enginee rs on such list must be licensed on Guam. (f) Fees. Fees charged for plan reviews and inspect ions that are contracted out shall be determined by solicitin g proposals with the fees to be the lowest accepted by the arch itects 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

the lowest accepted by the arch itects 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 tha t 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), ame nded by P.L. 32- 068:XII:21 (Sept. 11, 2013), and amended by P.L. 33 -066:XII:33 (Sept. 5, 2015). ---------- COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 28 ARTICLE 5 UNSAFE STRUCTURES § 66501. Unsafe Structures. § 66502. Same: Examination. § 66503. Same: Same: Report. § 66504. Same: Order to Vacate. § 66505. Same: Same. § 66506. Same: Actual and Immediate Danger. § 66507. Prohibition and Penalty. § 66508. Territorial Land Use Commission: Appeals. § 66501. Unsafe Structures. (a) All unsafe buildings and structures are hereby declared to be illegal, and shall be vacated and either repa ired or demolished, in accordance with the procedure establ ished by this Chapter.

res. (a) All unsafe buildings and structures are hereby declared to be illegal, and shall be vacated and either repa ired or demolished, in accordance with the procedure establ ished by this Chapter. (b) For the purpose of this Chapter, unsafe buildin gs are all buildings and structures or equipment thereof w hich are structurally unsafe, or which are unsanitary, or wh ich are unfit for human habitation, or are not provided with adeq uate means of egress, or which constitute a fire hazard, or ar e otherwise dangerous to human life or safety, or which in rela tion to existing uses constitute a hazard to the safety of the public or occupants by reason of inadequate maintenance, dila pidation, obsolescence or abandonment. (c) A vacant structure not secured against entry sh all be deemed unsafe. SOURCE: GC § 31048. P.L. 32-157:3 (May 21, 2014) amended subsections (a) and (b) and added subsection (c), e ffective 180 days from enactment. § 66502. Same: Examination. The building official shall examine or cause to be examined every unsafe or damaged building or structure. He s hall make or cause to be made, a written record of such examinat ion, which shall set forth a factual description

l examine or cause to be examined every unsafe or damaged building or structure. He s hall make or cause to be made, a written record of such examinat ion, which shall set forth a factual description of the premis es and specifically enumerate the particular conditions wh ich are COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 29 alleged to be violations of the provisions of this Chapter or otherwise render such buildings unsafe. SOURCE: GC § 31049. § 66503. Same: Same: Report. (a) The building official, whenever he shall make a finding, as a result of the examination required in § 66502, shall : (1) Notify in writing, by personal service, certifi ed mail, or registered mail, the owner, occupant, less ee, mortgagee, agent, and other persons having an inter est in said building as shown by the land records of the Department of Land Management, that the building or structure is unsafe, and that: (A) the owner must vacate and either repair or demolish said building or structure in accordance w ith the terms of the notice and of this Chapter; (B) the occupant or lessee must vacate said building, or prove it repaired in accordance with t he terms of the notice and of this Chapter;

cordance w ith the terms of the notice and of this Chapter; (B) the occupant or lessee must vacate said building, or prove it repaired in accordance with t he terms of the notice and of this Chapter; and (C) said mortgagee, agent, or other persons having an interest in said building, must vacate an d may, at his own risk, repair or demolish said build ing or have such work or act done. Any person notified under this Subsection to vacate and either repair o r demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work or act requ ired by the notice as herein provided. Such notice shall describe the building deemed unsafe, shall include a statement of the particulars which make it unsafe, and shall contain an order requiring the building to be put in such condition as to comply with the terms of th is Chapter within a stated time, not exceeding thirty (30) days. (2) Post, or cause to be posted in a conspicuous pl ace at the principal point of entry to the building dee med unsafe, a notice reading as follows: COL9/7/202121 GCA REAL PROPERTY CH.

rty (30) days. (2) Post, or cause to be posted in a conspicuous pl ace at the principal point of entry to the building dee med unsafe, a notice reading as follows: COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 30 'This building has been found to be unsafe by the Department of Public Works, government of Guam. This notice is to remain on the building until it is vacated and either repaired or demolished in accordance with the notice which has been given to all parties having an interest in this building. It is unlawful to remove this notice until such notice is complied with.' (b) The building official, in the event of non-comp liance with the notice and order hereinabove provided for in § 66503(a) shall : (1) Notify in writing by personal service, certifie d mail, or registered mail, the State Historic Preser vation Officer and the same parties as in § 66503(a) to ap pear before him on a specified date to show cause why th e building deemed unsafe should not be vacated and ei ther repaired or demolished in accordance with the state ment of particulars set forth in the prior notice.

a specified date to show cause why th e building deemed unsafe should not be vacated and ei ther repaired or demolished in accordance with the state ment of particulars set forth in the prior notice. (2) Hold a hearing and hear such testimony as building department employees, owner, occupant, les see, mortgagee, or other interested parties shall offer relative to the unsafe building. (3) Make written findings of fact from the testimon y offered at said hearing, and on the basis of such f indings render a written decision as to whether the buildin g is safe, or unsafe within the meaning of this Chapter. The o riginal copy of such findings and decisions shall be kept in the Department of Public Works. Other copies shall be sent to all parties served with notice of the hearing. (4) On the finding that the building is unsafe, iss ue an order based on such findings of fact, commanding al l parties served with notice of the hearing to vacate and eit her repair or demolish such unsafe building; provided, that an y person so notified, except the owner, must vacate the premises and shall have the privilege of repairing; and provided furt her, that no person other than the owner shall be

ding; provided, that an y person so notified, except the owner, must vacate the premises and shall have the privilege of repairing; and provided furt her, that no person other than the owner shall be ordere d to demolish said building. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 31 (c) In the case of non-compliance with the above or der within ten (10) days, the building official shall cause such building to be vacated and either repaired or demol ished as the facts may warrant, in accordance with the standards for vacation and either repair or demolition set forth in § 6650 3(d). The costs of such vacation and either repair or demolition shall be a lien against the land on which the building exists or ex isted, as the case may be, until recovered by the government of G uam. (d) The building official in ordering vacation and either repair or demolition of a building found unsafe, shall be governed by the following standards: (1) If an unsafe building can reasonably be repaire d so that it will no longer exist in violation of the terms of this Chapter, it shall be ordered to be repaired. (2) If deemed an unsafe building, it shall be ordered to be vacated.

onably be repaire d so that it will no longer exist in violation of the terms of this Chapter, it shall be ordered to be repaired. (2) If deemed an unsafe building, it shall be ordered to be vacated. (3) If an unsafe building is damaged or decayed, or deteriorated to the extent of fifty percent (50%) o f its original value or structure, it shall be demolished. In all cases where a building cannot be repaired so that i t will no longer exist in violation of the terms of this Chap ter, it shall be demolished. In all cases where an unsafe buildin g is a fire hazard existing or erected in violation of the provisions or unsafe within the meaning of this Chapter, it shall be demolished. SOURCE: GC § 31050. Amended by P.L. 32-157:4 (May 21, 2014 ), effective 180 days from enactment. § 66504. Same: Order to Vacate. The building official, whenever he determines that a building, structure, or portion thereof, constitute s an unsafe structure, as defined in § 66501 of this Article, shall order the buildings, structure, or portion thereof, to be vac ated at once and not reoccupied until issuance of a new certificate of o ccupancy by the building official. SOURCE: GC § 31051. Amended by P.L.

the buildings, structure, or portion thereof, to be vac ated at once and not reoccupied until issuance of a new certificate of o ccupancy by the building official. SOURCE: GC § 31051. Amended by P.L. 32-157:4 (May 21, 2014 ), effective 180 days from enactment. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 32 § 66505. Same: Same. (a) The building official, on the vacation of any b uilding in accordance with the provisions of § 66503 or § 6650 4, shall post or cause to be posted at each entrance to the build ing, a sign stating: 'This building is unsafe and its use or oc cupancy is prohibited by the Director of Public Works. Any per son entering this building without permission of the Director of Public Works shall be subject to fine or imprisonment or both.' (b) Such sign shall remain posted until the require d repairs are made or demolition is completed. (c) Any person entering the building, except for th e purpose of making the required repairs or effecting demolit ion, or any person removing any sign posted by the building off icial shall be liable to the penalties provided for in this Chapte r. SOURCE: GC § 31052. § 66506. Same: Actual and Immediate Danger.

t ion, or any person removing any sign posted by the building off icial shall be liable to the penalties provided for in this Chapte r. SOURCE: GC § 31052. § 66506. Same: Actual and Immediate Danger. (a) In case there shall be, in the opinion of the b uilding official, actual and immediate danger of failure or collapse of a building or structure, or any part thereof so as to endanger life or property, he shall promptly cause such building or structure to be made temporarily safe, or if necessary, to be demol ished. In such cases the decision of the building official shall b e final and conclusive. (b) The building official, in exercising his powers and duties under this section, may at once enter any unsafe bu ilding, or the land on which it stands, or abutting land or struct ure, with such assistance and at such costs as he deems necessary. He may vacate adjacent structures and protect the public b y an appropriate fence or such other means as may be nec essary, and for this purpose he may close a public or private w ay. (c) Costs incurred under this section shall be paid out of the General Fund of Guam on a certified voucher of the building official.

ssary, and for this purpose he may close a public or private w ay. (c) Costs incurred under this section shall be paid out of the General Fund of Guam on a certified voucher of the building official. Such costs shall be a lien on the land on which the building exists or existed, as the case may be, unt il recovered by the government of Guam. SOURCE: GC § 31053. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 33 § 66507. Prohibition and Penalty. (a) It shall be unlawful for any person to construct, alter, repair, move, remove, demolish, equip, use, occupy or maintain any building or structure or portion thereof in Gua m contrary to any provision of this Chapter. (b) Any person violating the provisions of this Cha pter shall be deemed guilty of a petty misdemeanor; except , that any person entering an unsafe structure without permiss ion of the Director of Public Works shall be subject to a fine of up to One Thousand Dollars ($1,000) per violation. (c) Such person shall be deemed guilty of a separa te offense for each day during which any violation of the prov isions of this Chapter continues.

up to One Thousand Dollars ($1,000) per violation. (c) Such person shall be deemed guilty of a separa te offense for each day during which any violation of the prov isions of this Chapter continues. (d) Any person violating the provisions of this Art icle pertaining to unsafe structures, including failure to vacate and either repair or demolish such structures, who is t he owner of real property that has been classified as an indust rial or commercial site in accordance with § 60107, Chapter 60, Article 1, Title 21, Guam Code Annotated, shall be fined, annually, an amount equal to twenty percent (20%) of the assesse d value of the subject property, and such fine shall be pro-rated for any portion of a year in which the violation continues. The fine provided in this Subsection shall be a lien on the property if unpaid for more than ninety (90) days. SOURCE: GC § 31054. Subsection (b) as amended by P.L. 13-1 87:198. P.L. 32-157:7 (May 21, 2014) amended subsections (a ) and (b) and added subsection (d), effective 180 days from enactment. § 66508. Guam Building Code Council; Territorial La nd Use Commission; Appeals. (a) Guam Building Code Council.

d subsections (a ) and (b) and added subsection (d), effective 180 days from enactment. § 66508. Guam Building Code Council; Territorial La nd Use Commission; Appeals. (a) Guam Building Code Council. The Guam Building Code Council shall sit as a Board of Appeals (Board ) to hear appeals of any decision of the building official re lative to the suitability of alternate materials and methods of c onstruction, and to provide for reasonable interpretation of the provisions of this Chapter. The Director of Public Works, or the building official, shall make such investigations as are dee med necessary for appeals to the Board. The Board shall hold hear ings and may COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 34 adopt reasonable rules and regulations for the cond uct of any investigations made under its direction; provided, however, that every hearing shall be conducted pursuant to the pr ocedure set forth in the Administrative Adjudication Law; and f urther provided, that the Board shall render all decisions and findings in writing to the building official with a duplicate c opy to the appellant, and may recommend such new legislation a s is consistent therewith to I Liheslatura

hall render all decisions and findings in writing to the building official with a duplicate c opy to the appellant, and may recommend such new legislation a s is consistent therewith to I Liheslatura (the Legislat ure). Neither the Director of Public Works nor the building offic ial shall influence or attempt to influence the decision of t he Board relative to any matter that pursuant to the provisi ons of this Section comes before it, except by the presentation of relevant evidence arising from its investigations, as direct ed by the Board. The Director of Public Works shall not vote on any appeal pursuant to this Subsection. A final decision of the Board of Appeals may be app ealed to the Superior Court in the manner provided in the Administrative Adjudication Law. The Guam Building Code Council may waive all accrued fines pursuant to § 6 6507(d) of this Article within one hundred eighty (180) days o f the declaration of a building as unsafe if the property owner has demolished or repaired the subject property to the standard of the Guam Building Code. (b) Territorial Land Use Commission.

days o f the declaration of a building as unsafe if the property owner has demolished or repaired the subject property to the standard of the Guam Building Code. (b) Territorial Land Use Commission. In any matter other than that which is the subject of an appeal pursuan t to Subsection (a) of this Section, the Commission is empowered to hear appeals from any order, requirement, decision or de termination of the building official or his authorized represen tative or any rule, regulation or amendment or repeal thereof mad e by the building official; provided, that summary abatement by the building official or his authorized representative pursuant to § 66506 of this Chapter shall be final and conclusive . SOURCE: GC § 31055 as repealed and reenacted by P.L. 14-11 2:6 (Mar. 29, 1978). Amended by P.L. 32-157:8 (May 21, 2014), effective 180 days from enactment. NOTE: Pursuant to the authority granted by 1 GCA § 1606 , the references to the Government Code were altered to r eflect its codification in the GCA. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 35 --------- ARTICLE 6 TERRITORIAL LAND USE COMMISSION § 66601. Territorial Land Use Commission: Prohibiti on. § 66602.

ts codification in the GCA. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 35 --------- ARTICLE 6 TERRITORIAL LAND USE COMMISSION § 66601. Territorial Land Use Commission: Prohibiti on. § 66602. Same: Substitute for Member. § 66603. Same: Personnel. § 66604. Same: Records. § 66605. Same: Rules of Procedures. § 66606. Same: Appeal from Rulings. § 66607. Same: Same: Time for Filing. § 66608. Same: Same: Transmittal of Records. § 66609. Same: Power to Stay Proceedings. § 66610. Same: Hearing on Appeal. § 66611. Same: Same: Transcript. § 66612. Same: Decision on Appeal. § 66613. Same: Same: Filing. § 66614. Same: Agent to Execute Orders. § 66615. Same: Judicial Review of Decision. § 66601. Territorial Land Use Commission: Prohibiti on. No member of the Commission shall pass on any quest ion in which he is engaged as contractor, material man, preparer of the plans and specifications or in which he has any personal interest. SOURCE: GC § 31056. § 66602. Same: Substitute for Member. During absence of a member by reason of disability or disqualification, the Governor may designate a qual ified substitute; which substitute shall, insofar as poss ible, represent the same type of expert

ng absence of a member by reason of disability or disqualification, the Governor may designate a qual ified substitute; which substitute shall, insofar as poss ible, represent the same type of expert knowledge as the member rep laced. SOURCE: GC § 31057. § 66603. Same: Personnel. The Department of Public Works shall provide the Commission with such clerical personnel and office facilities as COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 36 may be reasonably necessary to carry out the provis ion of this Chapter. SOURCE: GC § 31059. § 66604. Same: Records. The Commission shall keep permanent and accurate re cords of all its activities including a record of every t ally vote. SOURCE: GC § 31060. § 66605. Same: Rules of Procedure. The Commission shall establish rules for its own pr ocedure, not inconsistent with the provisions of this Chapte r. SOURCE: GC § 31061. § 66606. Same: Appeal From Rulings. Any party adversely affected or aggrieved by any or der, requirement, decision or determination of the build ing official or his authorized representative, or any rule, regulat ion or amendment or repeal thereof, may appeal from such a ction to the Commission. SOURCE: GC § 31062.

determination of the build ing official or his authorized representative, or any rule, regulat ion or amendment or repeal thereof, may appeal from such a ction to the Commission. SOURCE: GC § 31062. § 66607. Same: Same: Time For Filing. Any appeal from an action of the building official shall be made within fifteen (15) calendar days, including S undays and holidays, after the action complained of by filing with the building official and with the Commission a notice of appeal specifying the grounds thereof. SOURCE: GC § 31063. § 66608. Same: Same: Transmittal of Records. The building official, upon receipt of the notice o f appeal, shall transmit to the Commission all of the records upon which the action appealed from was taken. SOURCE: GC § 31064. § 66609. Same: Power to Stay Proceedings. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 37 The Commission shall have power to stay all proceed ings in a matter before the building official where an appe al has been duly filed or a review ordered by the Commission. SOURCE: GC § 31065. § 66610. Same: Hearing on Appeal. The Commission shall fix a reasonable time for hear ing appeals and shall give adequate notice to all parti es in

view ordered by the Commission. SOURCE: GC § 31065. § 66610. Same: Hearing on Appeal. The Commission shall fix a reasonable time for hear ing appeals and shall give adequate notice to all parti es in interest. All hearings shall be conducted according to rules established by the Commission but any party in interest may appear in person, or by a designated attorney or agent. SOURCE: GC § 31066. § 66611. Same: Same: Transcript. Any party in interest may cause a transcript of the hearing to be prepared at his own expense. SOURCE: GC § 31067. § 66612. Same: Decision on Appeal. The Commission after hearing an appeal, may reverse or affirm, in whole or in part, or modify the order, r equirement, decision, determination, rule or regulation appeale d from, and may make such order, requirement, decision or deter mination as in its opinion will best serve the stated purpose o f the law. SOURCE: GC § 31068. § 66613. Same: Same: Filing. The Commission shall make decisions on each appeal in writing and within a reasonable time. It shall, wit hout unreasonable delay cause to be served on the partie s in interest, a copy of its decision.

e Commission shall make decisions on each appeal in writing and within a reasonable time. It shall, wit hout unreasonable delay cause to be served on the partie s in interest, a copy of its decision. Additional copies of the deci sion shall be filed in the building records of the Department of Public Works. SOURCE: GC § 31069. § 66614. Same: Agent to Execute Orders. The building official shall serve as the agent of t he Commission to execute its orders. SOURCE: GC § 31070. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 38 § 66615. Same: Judicial Review of Decision. Any party aggrieved by the decision of the Commissi on shall be entitled to judicial review thereof by app lication to the Superior Court within fifteen (15) days after the f iling of the Commission’s decision in the building records of th e Department of Public Works. SOURCE: GC § 31071. Island changed to Superior Court pursuant to P.L. 12-085. --------- ARTICLE 7 AMENDMENTS TO BUILDING CODE § 66701. Notice of Amendments to Building Code. § 66702. Notice of Non-Conforming Construction afte r Amendment. § 66701. Notice of Amendments to the Building Code.

ICLE 7 AMENDMENTS TO BUILDING CODE § 66701. Notice of Amendments to Building Code. § 66702. Notice of Non-Conforming Construction afte r Amendment. § 66701. Notice of Amendments to the Building Code. Whenever the Building Code, found in Chapter 67 of this Title, or its successor, used by the government of Guam is updated, the Department of Public Works shall notif y in a newspaper of general circulation all parties who ha ve completed construction who have been issued building permits or who have construction in progress that an updated version of the Building Code, or its successor, is in use and make a copy o f such updated version of the Building Code, or its successor, ava ilable for their inspection. When there are amendments to the Buildi ng Code, or its successor, which relate to safety, notice of su ch amendments must be published in a newspaper of general circula tion to make owners of buildings aware of possible safety violat ions or deficiencies. All buildings under construction at t he time of adoption of amendments to the Building Code, or its successor, relating to safety shall conform thereto if practic able. SOURCE: GC § 31072 enacted by P.L. 17-076:9.

nder construction at t he time of adoption of amendments to the Building Code, or its successor, relating to safety shall conform thereto if practic able. SOURCE: GC § 31072 enacted by P.L. 17-076:9. Amended by P. L. 32- 157:8 (May 21, 2014), effective 180 days from enact ment. § 66702. Notice of Non-Conforming Construction Afte r Amendment. COL9/7/202121 GCA REAL PROPERTY CH. 66 BUILDING LAW 39 Whenever a building inspection of the Department of Public Works becomes aware of non-conforming construction in buildings which does not meet current safety standa rds as a result of amendments or updates made to the Interna tional Building Code subsequent to approval of the buildin g’s plans by the Department of Public Works, the Department shal l notify the building owner of the variance in writing in order that the building owner be aware of the potential safety haz ard. SOURCE: GC § 31073 enacted by P.L. 17-076:10. Amended by P.L. 30-199:20 (Sept. 21, 2010). --------- COL9/7/2021