HOUSE BILL NO. 620

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Bill Status



H0620......................................................by STATE AFFAIRS
STATE FIRE MARSHAL - Amends existing law relating to the State Fire Marshal
to provide for the application of the International Fire Code and rules by
assistants to the State Fire Marshal when undertaking enforcement actions;
to provide for the establishment of uniform training provisions for
assistants; to provide for a local appeal procedure; to provide for appeals
from local appeal decisions; and to provide penalties.

03/11    House intro - 1st rdg - to printing
03/12    Rpt prt - to Bus
03/14    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Ringo, Roberts, Ruchti,
      Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas,
      Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Harwood
      Absent and excused -- Bradford, Moyle, Raybould
    Floor Sponsor - Henderson
    Title apvd - to Senate
03/19    Senate intro - 1st rdg - to Com/HuRes
03/26    Rpt out - rec d/p - to 2nd rdg
03/27    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon),
      Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai(Sagness), McGee, McKague,
      McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett,
      Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
03/28    To enrol - Rpt enrol - Sp signed
03/31    Pres signed
04/01    To Governor
04/11    Governor signed
         Session Law Chapter 402
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 620

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE STATE FIRE MARSHAL; AMENDING SECTION 41-253,  IDAHO  CODE,  TO
  3        PROVIDE  FOR  THE  APPLICATION  OF THE INTERNATIONAL FIRE CODE AND CERTAIN
  4        RULES BY ASSISTANTS TO THE STATE FIRE MARSHAL WHEN UNDERTAKING ENFORCEMENT
  5        ACTIONS; AMENDING SECTION 41-255, IDAHO CODE, TO PROVIDE  FOR  THE  ESTAB-
  6        LISHMENT BY RULE OF UNIFORM TRAINING PROVISIONS FOR ASSISTANTS AND TO MAKE
  7        TECHNICAL CORRECTIONS; AMENDING SECTION 41-256, IDAHO CODE, TO PROVIDE FOR
  8        A LOCAL APPEAL PROCEDURE, TO PROVIDE FOR NOTICE OF LOCAL APPEAL PROCEDURE,
  9        TO  MAKE A TECHNICAL CORRECTION AND TO PROVIDE CORRECT TERMINOLOGY; AMEND-
 10        ING SECTION 41-259, IDAHO CODE, TO PROVIDE FOR ORDERS OF REMEDY OR REMOVAL
 11        BASED UPON VIOLATION OF THE  INTERNATIONAL  FIRE  CODE;  AMENDING  SECTION
 12        41-260,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO APPEALS FROM ORDERS
 13        OF REMEDY OR REMOVAL AND TO PROVIDE FOR APPEALS FROM  LOCAL  APPEAL  DECI-
 14        SIONS;  AMENDING SECTION 41-261, IDAHO CODE, TO REVISE PROVISIONS RELATING
 15        TO PENALTIES ASSOCIATED WITH FAILING TO COMPLY WITH ORDERS  OF  REMEDY  OR
 16        REMOVAL, TO PROVIDE FOR PENALTIES RELATING TO FAILURE TO COMPLY WITH LOCAL
 17        DECISIONS  OR  LOCAL APPEAL DECISIONS AND TO PROVIDE FOR THE AWARD OF REA-
 18        SONABLE ATTORNEY'S FEES AND COSTS TO  CERTAIN  PARTIES;  AMENDING  SECTION
 19        41-262,  IDAHO CODE, TO AUTHORIZE THE STATE FIRE MARSHAL AND ASSISTANTS TO
 20        TAKE SPECIFIED ACTION IN THE EVENT A PERSON FAILS TO COMPLY  WITH  CERTAIN
 21        ORDERS  AND  TO  MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 41-263,
 22        IDAHO CODE, TO PROVIDE FOR THE FAILURE TO  PAY  CERTAIN  EXPENSES  TO  THE
 23        STATE  FIRE MARSHAL'S OFFICE OR FIRE DISTRICT, TO PROVIDE FOR THE CERTIFI-
 24        CATION OF EXPENSES BY THE STATE FIRE MARSHAL OR HIS ASSISTANTS AND TO PRO-
 25        VIDE FOR REFUNDS OF CERTAIN EXPENSES TO THE STATE  FIRE  MARSHAL  OR  FIRE
 26        DISTRICT.

 27    Be It Enacted by the Legislature of the State of Idaho:

 28        SECTION  1.  That  Section  41-253, Idaho Code, be, and the same is hereby
 29    amended to read as follows:

 30        41-253.  STATEMENT OF PURPOSE -- ADOPTION OF INTERNATIONAL FIRE CODE.  (1)
 31    The purpose of sections 41-253 through 41-269, Idaho Code, is to protect human
 32    life from fire, and to prevent fires. These sections are intended to prescribe
 33    regulations  consistent with nationally recognized good practice for the safe-
 34    guarding of life and property from hazards of fire and explosion arising  from
 35    the storage, handling and use of hazardous substances, materials, and devices,
 36    and  from  conditions hazardous to life or property in the use or occupancy of
 37    buildings or premises, and there is hereby  adopted  the  "International  Fire
 38    Code,"  2000  edition, with appendices thereto, published by the International
 39    Code Council, Inc. and such later editions as may be so published and  adopted
 40    by the state fire marshal, as the minimum standards for the protection of life
 41    and property from fire and explosions in the state of Idaho.
 42        (2)  Assistants  to the state fire marshal, as provided in section 41-256,
 43    Idaho Code, shall apply a reasonable interpretation to the International  Fire

                                       2

  1    Code  as  adopted  by the state fire marshal, and rules of the state fire mar-
  2    shal, when undertaking any enforcement action.
  3        (3)  For the purposes of sections 41-253 through 41-269, Idaho  Code,  the
  4    "International Fire Code" shall mean the publications as adopted under subsec-
  5    tion (1) of this section.

  6        SECTION  2.  That  Section  41-255, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  8        41-255.  DUTIES OF STATE FIRE MARSHAL. In  addition  to  the  duties  pre-
  9    scribed in section 41-254, Idaho Code, the state fire marshal shall:
 10        (1.)  Administer and enforce this act.
 11        (2.)  Appoint,  employ  and discharge such deputies and other employees as
 12    in his judgment may  be  necessary,  control  their  powers,  prescribe  their
 13    duties, and fix their compensation.
 14        (3.)  Keep  books, records and accounts, which shall be open to inspection
 15    and audit by the state of Idaho at all times.
 16        (4.)  Purchase necessary equipment and supplies, and incur any other  rea-
 17    sonable  and  necessary expense in connection with or required for the purpose
 18    of carrying out the provisions of this act.
 19        (5.)  Maintain in his office a record of all fires occurring in the state,
 20    and of all the facts concerning the  same,  including  statistics  as  to  the
 21    extent  of  such  fires  and the damage caused thereby and whether such losses
 22    were covered by insurance, and if so, in what amount. All such  records  shall
 23    be public, except any testimony taken in an investigation under the provisions
 24    of  this  act which the state fire marshal in his discretion may withhold from
 25    the public.
 26        (6)  Establish by rule uniform training provisions for all persons  acting
 27    as  assistants  to the state fire marshal as provided in section 41-256, Idaho
 28    Code.

 29        SECTION 3.  That Section 41-256, Idaho Code, be, and the  same  is  hereby
 30    amended to read as follows:

 31        41-256.  ASSISTANTS  TO  STATE FIRE MARSHAL -- LOCAL APPEAL PROCEDURE. (1)
 32    The chief of the fire department, or his deputy, of every city or  county,  or
 33    fire  protection district organized under state law in which a fire department
 34    is established, and in areas where no organized  fire  department  exists  the
 35    county  sheriff,  or his deputy, shall be assistants to the state fire marshal
 36    in carrying out the provisions of the  iInternational  fFire  cCode  and  such
 37    other regulations as set forth by the rules of the state fire marshal.
 38        (2)  Any  final  decision  made  by an assistant to the state fire marshal
 39    involving an interpretation of the International Fire Code  or  rules  of  the
 40    state  fire  marshal  shall contain a notification to any party subject to the
 41    decision that the decision may be appealed in a local appeal procedure that is
 42    substantially similar to the one set forth in the International Fire  Code  or
 43    rules adopted by the state fire marshal.

 44        SECTION  4.  That  Section  41-259, Idaho Code, be, and the same is hereby
 45    amended to read as follows:

 46        41-259.  INSPECTION OF BUILDINGS -- ORDER OF REMEDY OR REMOVAL --  SERVICE
 47    OF ORDER. The state fire marshal, his deputies or assistants, upon the written
 48    and signed complaint of any person or whenever he or they shall deem it neces-
 49    sary,  may  at  reasonable  hours  inspect buildings and premises within their

                                       3

  1    jurisdiction, upon the presentation of proper credentials, except the interior
  2    of private dwellings, private garages  appertaining  to  such  residences,  or
  3    buildings on farms of more than five (5) acres.
  4        Whenever any of said officers shall find that any building or other struc-
  5    ture  which,  for  want  of  repairs, or lack of or insufficient fire escapes,
  6    automatic or other fire alarm apparatus or fire extinguishing equipment, or by
  7    reason of age or dilapidated condition,  or due to violation of  the  Interna-
  8    tional Fire Code or from any other cause, is especially liable to fire, and is
  9    so  situated as to endanger life, other buildings or structures or said build-
 10    ing or structure, he or they shall order the same to be remedied  or  removed,
 11    and  such  order  shall forthwith be complied with by the owner or occupant of
 12    such premises or buildings, unless said owner or occupant avail himself of the
 13    appeals procedure set forth in this act.
 14        The service of any such order shall be made upon  the  owner  or  occupant
 15    either  by  delivering  to and leaving with the said person a true copy of the
 16    said order, or, by mailing such copy to the owner  or  occupant's  last  known
 17    address. All mailings shall be registered or certified, with return receipt.

 18        SECTION  5.  That  Section  41-260, Idaho Code, be, and the same is hereby
 19    amended to read as follows:

 20        41-260.  APPEAL FROM ORDER OF REMEDY  OR  REMOVAL  --  APPEAL  FROM  LOCAL
 21    APPEAL DECISION. If such an order to remedy or remove, or a local appeal deci-
 22    sion  regarding  the interpretation of the International Fire Code or rules of
 23    the state fire marshal, is made by the deputies or  assistants  of  the  state
 24    fire  marshal,  such  owner  or  occupant  who  receives the order, or a party
 25    aggrieved by a local appeal decision,  may,  within  twenty  (20)  days  after
 26    receipt of service of such order or local appeal decision, appeal to the state
 27    fire  marshal,  who  shall  within  ten  (10) days, review such order or local
 28    appeal decision and if affirmed, file his decision thereon, and unless by  his
 29    authority  the  order or local appeal decision is revoked or modified it shall
 30    remain in full force and be complied with within the time fixed in said order,
 31    local appeal decision, or decision of the state fire marshal.
 32        Provided, however, that any such owner, or occupant  or  party  who  feels
 33    himself  aggrieved by any such order or local appeal decision, or affirming of
 34    such order or local appeal decision, may within thirty  (30)  days  after  the
 35    making  or  affirming  of any such order or local appeal decision by the state
 36    fire marshal, appeal such order or local appeal decision to the district court
 37    having jurisdiction of the property.

 38        SECTION 6.  That Section 41-261, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:

 40        41-261.  FAILURE  TO  COMPLY WITH ORDER OF REMEDY OR REMOVAL -- FAILURE TO
 41    COMPLY WITH LOCAL DECISION OR LOCAL APPEAL DECISION -- PENALTY -- CIVIL ACTION
 42    TO RECOVER PENALTY. Any owner or occupant failing to comply with such order or
 43    local decision, or local appeal decision within thirty (30)  days  after  said
 44    appeal  to  the  state  fire  marshal has been determined, or, if no appeal is
 45    taken, then within the time fixed in  said  order,  local  decision  or  local
 46    appeal decision shall be liable to a penalty of: ten dollars ($10.00) for each
 47    day's neglect beginning with the first day through the seventh day; fifty dol-
 48    lars ($50.00) per day on the eighth through the thirtieth day; and one hundred
 49    dollars ($100) per day on the thirty-first day and each day thereafter. In the
 50    event  such enforcement action is brought by the office of the state fire mar-
 51    shal, the penalty shall be payable to the state fire marshal, for  deposit  in

                                       4

  1    the  arson,  fire  and fraud prevention account. In the event such enforcement
  2    action is brought by a fire district under the authority  of  the  state  fire
  3    marshal,  the  penalty  shall  then  be payable to the fire district which has
  4    prosecuted the enforcement action.
  5        The penalty herein provided, if not then paid,  may  be  recovered  in  an
  6    action brought in any court of competent jurisdiction of the county where such
  7    property  is  located,  in  the  name of the state, under the direction of the
  8    state fire marshal and/or any of the assistants herein designated, where  such
  9    property  is  located,  or by an attorney specially designated therefor by the
 10    attorney general, or by the attorney for a fire district  in  the  event  such
 11    enforcement  action is brought by the district. The reasonable attorney's fees
 12    and costs incurred in bringing any such enforcement action, if any,  shall  be
 13    awarded  to  the state or the fire district bringing the enforcement action in
 14    addition to the assessment of any penalty, and shall be paid in the same  man-
 15    ner  as  the  penalty. If the court determines that the enforcement action has
 16    been brought frivolously or without reasonable cause, the court may  award  to
 17    the  owner,  or occupant or party who is the subject of the enforcement action
 18    such reasonable attorney's fees and costs of the  defense  or  appeal  of  the
 19    enforcement action as the court determines is fair and just.

 20        SECTION  7.  That  Section  41-262, Idaho Code, be, and the same is hereby
 21    amended to read as follows:

 22        41-262.  FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL  --  REPAIR  OR
 23    DEMOLITION  OF  PREMISES  --  EXPENSE.  If any person fails to comply with the
 24    order of any officer, the state fire marshal or assistants to the  state  fire
 25    marshal  under  the preceding sections or with the order as modified on appeal
 26    as herein provided, and within the time fixed, then such officer, is the state
 27    fire marshal or assistants to the state fire marshal are hereby empowered  and
 28    authorized  to  cause  such  building or premises to be repaired, torn down or
 29    demolished, with the materials removed and all dangerous conditions  remedied,
 30    at the expense of the person who fails to comply with such order.

 31        SECTION  8.  That  Section  41-263, Idaho Code, be, and the same is hereby
 32    amended to read as follows:

 33        41-263.  FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION -- ASSESSMENT. If,
 34    within thirty (30) days thereafter, such person shall fail, neglect or  refuse
 35    to  repay  the marshal the expenses for demolishing or repair of said building
 36    incurred under the provisions of this act, to the state fire marshal's  office
 37    if  the  demolition or repair action was brought by the state fire marshal, or
 38    to a fire district if a fire district brought the demolition or repair action,
 39    the enforcing officer, state fire marshal or his assistants shall certify such
 40    expenses to the clerk of the city, fire district or county in which the  prop-
 41    erty  is situated, and the city, fire protection district or county shall cer-
 42    tify to the county treasurer the amount of the  assessment,  which  assessment
 43    shall  be  by said county treasurer, placed upon the tax roll and collected as
 44    other taxes, and when collected shall be refunded to the  state  fire  marshal
 45    for  deposit in the arson, fire and fraud prevention account if the demolition
 46    or repair action was brought by the state fire marshal, or to a fire  district
 47    if a fire district brought the demolition or repair action.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 18090

This legislation deals with the Idaho Code as it relates to the
State Fire Marshall and the application of the International Fire
Code.


                           FISCAL NOTE

There is no fiscal impact to the General Fund.






Contact
Name: Speaker Lawerence Denney 
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 620