HOUSE BILL NO. 527

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Bill Status



H0527...........................................................by BUSINESS
PLUMBING BOARD - Amends existing law to authorize the Idaho Plumbing Board
to establish, by rule, civil penalties and an appeals process; to authorize
the board to affirm, reject, decrease or, within a limit, increase the
penalty imposed; to authorize the administrator to impose civil penalties
and to file suit for injunctive relief; and to provide that certificates of
competency and apprentice registrations may be in the immediate vicinity of
the worksite during working hours if not carried on the person.
                                                                        
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Bus
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 47-18-5
      AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block, Boe, Bolz,
      Campbell, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Edmunson,
      Ellsworth, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,
      Kellogg, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,
      Naccarato, Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison,
      Rydalch, Sayler, Shepherd, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Wills
      NAYS -- Barrett, Bauer, Bedke, Bradford, Clark, Eskridge, Harwood,
      Kulczyk, Lake, Langford, McKague, Moyle, Nielsen, Ridinger, Sali,
      Shirley, Trail, Wood
      Absent and excused -- Crow, Eberle, Jones, Schaefer, Mr. Speaker
    Floor Sponsor - Gagner
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Malepeai
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/24    Governor signed
         Session Law Chapter 311
         Effective: 03/24/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 527
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PLUMBERS AND PLUMBING; AMENDING SECTION 54-2606,  IDAHO  CODE,  TO
  3        AUTHORIZE  THE  IDAHO  PLUMBING BOARD TO ESTABLISH BY RULE CIVIL PENALTIES
  4        AND AN  APPEALS  PROCESS,  TO  AUTHORIZE  THE  BOARD  TO  AFFIRM,  REJECT,
  5        DECREASE,  OR  WITHIN  A  LIMIT,  INCREASE THE PENALTY IMPOSED AND TO MAKE
  6        TECHNICAL CORRECTIONS; AMENDING SECTION 54-2607, IDAHO CODE, TO  AUTHORIZE
  7        THE  ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY TO IMPOSE CIVIL PEN-
  8        ALTIES AND TO FILE SUIT FOR INJUNCTIVE RELIEF AND TO MAKE  TECHNICAL  COR-
  9        RECTIONS;  AMENDING  SECTION 54-2618, IDAHO CODE, TO PROVIDE THAT CERTIFI-
 10        CATES OF COMPETENCY AND APPRENTICE REGISTRATIONS MAY BE IN  THE  IMMEDIATE
 11        VICINITY  OF THE WORK SITE DURING WORKING HOURS IF NOT CARRIED ON THE PER-
 12        SON; AND DECLARING AN EMERGENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 54-2606, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        54-2606.  POWERS  AND DUTIES -- EXECUTIVE OFFICERS -- EMPLOYEES -- COMPEN-
 17    SATION -- TENURE OF THE IDAHO PLUMBING BOARD. (1) The  board  shall  have  the
 18    general  administration and supervision of the design, construction, installa-
 19    tion, improvement, extension and alteration of plumbing and plumbing  systems,
 20    except that which has been heretofore and hereinafter exempted from the juris-
 21    diction of this board, in connection with all buildings, residences and struc-
 22    tures  in  this  state including buildings, residences and structures owned by
 23    the state or any political subdivision thereof.
 24        (2)  The division of building safety shall enforce the  minimum  standards
 25    and requirements therefor as provided by this act chapter.
 26        (3)  The  board may exercise such powers and duties as are reasonably nec-
 27    essary to carry out the provisions of this act chapter, and it may among other
 28    things:
 29        (a)  Establish the fees to be  charged  for  permits  and  inspections  of
 30        plumbing systems.
 31        (b)  Hold  public  meetings and attend or be represented at such meetings,
 32        within or without the state, prepare and publish rules pertaining to  this
 33        act  chapter,  and such other information as may be necessary, and furnish
 34        copies thereof to those engaged in the business, trade, practice  or  work
 35        of plumbing and pipe fitting pipefitting and to the public upon request.
 36        (c)  Furnish  standards  and procedures and prescribe reasonable rules for
 37        examinations, qualification and certification of plumbing contractors  and
 38        journeymen  and  apprentice  plumbers not herein prescribed, including the
 39        furnishing of a compliance bond in an amount not to  exceed  two  thousand
 40        dollars  ($2,000)  for  the  contractor classification or evidence of such
 41        coverage by a corporate industry group bond acceptable to the board.
 42        (d)  Furnish standards and procedures and prescribe  reasonable  rules  to
 43        provide for the certification of specialty contractors, specialty journey-
                                                                        
                                           2
                                                                        
  1        men,  and  specialty apprentices, including the furnishing of a compliance
  2        bond in an amount not to exceed two thousand dollars ($2,000) for the spe-
  3        cialty contractor classification or evidence of coverage  by  a  corporate
  4        industry group bond acceptable to the board.
  5        (e)  Establish  by  administrative  rule civil penalties not to exceed one
  6        thousand dollars ($1,000) for each count or separate offense, to  be  paid
  7        for  violations of this chapter and rules of the Idaho plumbing board; and
  8        to establish by administrative rule the process by which appeals from  the
  9        imposition  of  civil  penalties  may be heard. The board is authorized to
 10        affirm, reject, decrease or increase the  penalty  imposed;  however,  the
 11        board  shall  not  increase any penalty imposed to an amount exceeding one
 12        thousand dollars ($1,000) for each individual count or separate offense.
                                                                        
 13        SECTION 2.  That Section 54-2607, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        54-2607.  ADMINISTRATOR  OF  THE DIVISION OF BUILDING SAFETY -- POWERS AND
 16    DUTIES. (1) The administrator shall exercise such powers  and  duties  as  are
 17    reasonably  necessary  to  enforce  the minimum standards provided in this act
 18    chapter, and he may among other things:
 19        (a)  Prescribe  and  establish  procedures  to  effectuate  the  efficient
 20        enforcement of this act chapter not herein prescribed.
 21        (b)  Serve as secretary to the Idaho plumbing board.
 22        (c)  Appoint licensed staff inspectors who shall be  authorized  to  enter
 23        and  inspect  by  and  through a properly identified person, at reasonable
 24        hours, plumbing and plumbing systems.
 25        (d)  Summon witnesses to appear and  testify  before  him  on  any  matter
 26        within  the provisions of this act chapter. No person shall be required to
 27        testify outside the county wherein he resides or where his principal place
 28        of business is located. Such summons to testify shall be issued and served
 29        in like manner as a subpoena to witness issued from the district court, or
 30        in other manner consistent with the procedure of the division of  building
 31        safety.  In  case  any  witness shall fail or refuse to appear and testify
 32        upon being summoned as herein provided, the clerk of the district court of
 33        the county shall upon demand by the administrator or his designated agent,
 34        issue a subpoena reciting the demand therefor and summoning the witness to
 35        appear and testify at a time and place fixed. Violation of  such  subpoena
 36        or disobedience thereto shall be deemed and punished as a violation of any
 37        other subpoena issued from the district court.
 38        (e)  Administer  oaths and take affirmations of witnesses appearing before
 39        him; and have the power to appoint competent persons to  issue  subpoenas,
 40        administer oaths and take testimony.
 41        (f)  Impose  civil  penalties as provided in this chapter and the rules of
 42        the Idaho plumbing board.
 43        (g)  In addition to any other penalties specified in this  chapter,  when-
 44        ever  any  person violates the provisions of this chapter and the rules of
 45        the Idaho plumbing board, the administrator may maintain an action in  the
 46        name  of  the state of Idaho to enjoin that person from any further viola-
 47        tions. Such action may be brought either in the county in which  the  acts
 48        are  claimed  to  have been or are being committed, or in the county where
 49        the defendant resides, or in Ada county.
 50             (i)   Upon the filing of a certified complaint in the district court,
 51             the court, if satisfied that the acts complained  of  have  been,  or
 52             probably  are  being,  or  may  be  committed,  may issue a temporary
 53             restraining order, or a  preliminary  injunction,  or  both,  without
                                                                        
                                           3
                                                                        
  1             bond,  enjoining the defendant from the commission of any such act or
  2             acts constituting the violation.
  3             (ii)  A copy of the complaint shall be served upon the defendant  and
  4             the  proceedings  shall  thereafter  be conducted as in other similar
  5             civil actions.
  6             (iii) If the commission of the act or acts is established, the  court
  7             shall enter a decree permanently enjoining the defendant from commit-
  8             ting  such  act or acts. If an injunction issued under the provisions
  9             of this section is violated, the court, or the judge thereof at cham-
 10             bers, may summarily try and  punish  the  offender  for  contempt  of
 11             court.
 12        (2)  It  shall  be  the duty of the administrator to give notice to cities
 13    which supply sewer service to areas outside their city  limits  and  who  have
 14    requested  in writing such notice from the administrator of all permits issued
 15    relative to sewer installations. The notice shall be  given  within  ten  (10)
 16    days  from the date the permit was requested for such installation. The notice
 17    shall contain a map of the physical location of the installation and reference
 18    to the date of inspection if the city so requests.
                                                                        
 19        SECTION 3.  That Section 54-2618, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        54-2618.  CERTIFICATE  TO  BE DISPLAYED AND CERTIFICATES OF COMPETENCY AND
 22    REGISTRATION CARRIED OR IN VICINITY OF WORK SITE. All holders of valid certif-
 23    icates in the contractor and specialty contractor classifications  shall  dis-
 24    play  a  sign or card, upon a form prescribed and furnished by the division of
 25    building safety, for public view in their place of  business.  All  journeymen
 26    and  specialty  journeymen shall have their certificate of competency on their
 27    persons or in the immediate vicinity of the work site  during  working  hours.
 28    their  certificate  of  competency, and aApprentices and specialty apprentices
 29    shall have evidence of registration on their persons evidence of  registration
 30    or in the immediate vicinity of the work site during working hours.
                                                                        
 31        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 32    declared to exist, this act shall be in full force and effect on and after its
 33    passage and approval.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13520
To provide authority for the board to adopt rules concerning civil
penalties and appeals from those penalties; to provide authority
for the administrator of the Division of Building Safety to impose
civil penalties and maintain actions seeking injunctive relief; and
to provide clarification of requirements pertaining to the carrying
of certificates.





                         FISCAL  IMPACT
There will be no fiscal impact on the general fund.  The revenues
generated for the Plumbing Bureau Dedicated Fund are anticipated to
be minimal.




CONTACT   
Name:     Dave Munroe, Administrator
Agency:   Division of Building Safety
Phone:    (208) 332-7100

Statement of Purpose/Fiscal Impact                    H 527