HOUSE BILL NO. 552
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BUILDING CODE BOARD - Amends existing law relating to the Division of
Building Safety to revise the powers and duties of the Building Code Board;
to revise provisions relating to the application of building codes; and to
revise applicable building codes.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 552
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 39-4107, IDAHO
3 CODE, TO REVISE THE POWERS AND DUTIES OF THE BUILDING CODE BOARD; AMENDING
4 SECTION 39-4109, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE APPLICA-
5 TION OF CODES AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
6 39-4116, IDAHO CODE, TO REMOVE A DATE REFERENCE AND TO REVISE APPLICABLE
7 BUILDING CODES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-4107, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-4107. POWERS AND DUTIES. (1) The board shall continually study the
12 operation of adopted codes, standards and rules relating to the construction
13 of buildings or facilities under the jurisdiction of the division to ascertain
14 their effect upon the public safety and shall support an ongoing effort to
15 promote the uniform adoption, application and interpretation of safety, acces-
16 sibility and building codes statewide. The board shall have the authority to
17 adopt, amend and enforce the codes specified in section 39-4109, Idaho Code,
18 or later editions of such codes, as the same shall be amended, revised, com-
19 piled and published from time to time.
20 (2) T to promulgate rules in accordance with chapter 52, title 67, Idaho
21 Code, to implement the provisions of this chapter.
22 ( 23) The board shall function as a board of appeals for the division as
23 prescribed in the adopted building code. Except as may be provided within the
24 code that is the subject of the appeal, t The board shall have no authority to
25 waive any requirements of the codes enumerated in this chapter or in rules
26 promulgated pursuant to this chapter. Provided further:
27 (a) The decisions of the board shall be final, and the board shall render
28 all decisions and findings in writing to the appellant and the administra-
29 tor within ten (10) working days of the conclusion of a hearing; and
30 (b) For each appeal brought before the board, the chairman shall appoint
31 not less than three (3) members of the board to hear the appeal and render
32 a decision and finding in the name of the board.
33 ( 34) The board shall utilize experts, consultants, and technical advisors
34 for assistance and recommendations relative to codes, standards, and appeals.
35 ( 45) The administrator may make building code inspections for another
36 state or local jurisdiction upon request by an appropriate building official.
37 Such inspections shall be made in accordance with the applicable building
38 codes of the requesting jurisdiction. Fees charged for such inspection ser-
39 vices shall be as provided in rules promulgated by the board pursuant to chap-
40 ter 52, title 67, Idaho Code.
41 ( 56) Notwithstanding the exemptions provided in subsection (4)(b) of sec-
42 tion 39-4103, Idaho Code, the administrator may make inspections of modular
43 buildings constructed in Idaho upon written request from the manufacturer.
1 (a) Such inspections shall be made in accordance with the codes adopted
2 in this chapter.
3 (b) Inspection fees shall be as promulgated in board rule and shall be
4 paid prior to the inspection.
5 (c) The administrator of the division of building safety may issue an
6 insignia of approval if the buildings are in compliance with the require-
7 ments set forth in section 39-4121, Idaho Code.
8 SECTION 2. That Section 39-4109, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-4109. APPLICATION OF CODES. The following codes, as the same shall be
11 amended, revised, compiled and published from time to time and as such amend-
12 ments or revisions shall be adopted by the Idaho building code board, are
13 hereby adopted effective January 1, 2005, for the state of Idaho division of
14 building safety and shall only be applied by local governments as prescribed
15 by section 39-4116, Idaho Code:
16 (1) The 2003 International Building Code published by the International
17 Code Council:
18 (a) Including appendices thereto pertaining to building accessibility;
19 (b) Excluding the incorporated electrical codes, mechanical code, fuel
20 gas code, plumbing codes, fire codes or property maintenance codes other
21 than specifically referenced subjects or sections of the International
22 Fire Code ; published by the International Code Council; and
23 (c) Including the incorporated International Residential Code, parts I,
24 II, III, IV and IX; International Energy Conservation Code; and rules pro-
25 mulgated by the board to provide equivalency with the provisions of the
26 Americans with disabilities act accessibility guidelines and the fair
27 housing act accessibility guidelines shall be included; and
28 (d) Replacing section 903.2.7 of the 2003 International Building Code
29 with sections 903.2.7, 903.2.8 and 903.2.9 of the 2000 International
30 Building Code, which pertain to fire sprinklers in group R occupancies.
31 (2) The 2003 International Residential Code as published by the Interna-
32 tional Code Council, except for parts V, VI, VII and VIII as they to the
33 extent that these parts pertain to mechanical, fuel gas, plumbing and electri-
34 cal requirements;
35 (3) The 2003 International Energy Conservation Code as published by the
36 International Code Council except that in chapter 7, the reference to the
37 ASHRAE/IESNA 90.1 standard shall be the 2001 edition of such standard, includ-
38 ing addendum G; and
39 (4) The and existing 2003 International Existing Building Code as pub-
40 lished by the International Code Council.
41 SECTION 3. That Section 39-4116, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-4116. LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
44 Local governments enforcing building codes shall do so only in compliance with
45 the provisions of this section. Local governments that have not previously
46 instituted and implemented a code enforcement program prior to the effective
47 date of this act may elect to implement a building code enforcement program by
48 passing an ordinance evidencing the intent to do so. Local governments may
49 contract with a public or private entity to administer their building code
50 enforcement program.
51 (2) By January 1, 2005, lLocal governments that issue building permits
1 and perform building code enforcement activities shall, by ordinance, adopt
2 the following codes as published by the International Code Council together
3 with any amendments or revisions set forth in section 39-4109, Idaho Code:
4 (a) International Building Code , including all rules promulgated by the
5 board to provide equivalency with the provisions of the Americans with
6 disabilities act accessibility guidelines and the federal fair housing act
7 accessibility guidelines;
8 (b) International Residential Code, except parts I-IV and IX V, VI, VII
9 and VIII to the extent that these parts pertain to mechanical, fuel gas,
10 plumbing and electrical requirements; and
11 (c) International Energy Conservation Code.
12 Local governments are not required by this chapter to adopt the other refer-
13 enced codes in the International Building Code.
14 (3) Local governments may amend by ordinance the adopted codes or provi-
15 sions of referenced codes to reflect local concerns, provided such amendments
16 establish at least an equivalent level of protection to that of the adopted
17 building code. A local jurisdiction shall not have the authority to amend any
18 accessibility provision pursuant to section 39-4109, Idaho Code.
19 (4) Local governments shall exempt agricultural buildings from the
20 requirements of the codes enumerated in this chapter and the rules promulgated
21 by the board. A county may issue permits for farm buildings to assure compli-
22 ance with road setbacks and utility easements, provided that the cost for such
23 permits shall not exceed the actual cost to the county of issuing the permits.
24 (5) Permits shall be governed by the laws in effect at the time the per-
25 mit application is received.
26 (6) The division shall retain jurisdiction for in-plant inspections and
27 installation standards for manufactured or mobile homes and for in-plant
28 inspections and enforcement of construction standards for modular buildings
29 and commercial coaches.
STATEMENT OF PURPOSE
The proposed legislation will clarify the authority given to
the Idaho Building Code Board to adopt and amend various building
codes prescribed within the Building Code Act as they may be
updated and published from time to time. The legislation will
also correct a mistitled code in the Building Code Act to its
proper title, the 2003 International Existing Building Code.
There will be no fiscal impact from the passage of this
Name: Steve Keys, Bureau Chief
Agency: Division of Building Safety
STATEMENT OF PURPOSE/FISCAL NOTE H 552