2006 Legislation
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HOUSE BILL NO. 552 – Building Code Bd, duties

HOUSE BILL NO. 552

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Bill Status



H0552...........................................................by BUSINESS
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

Bill Text


                                                                        
                                                                        
  ]]]]              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)  Tto 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, tThe 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.
                                                                        
                                           2
                                                                        
  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
                                                                        
                                           3
                                                                        
  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 / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 15366C1

     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.




                          FISCAL NOTE


     There will be no fiscal impact from the passage of this
legislation.







CONTACT
Name:     Steve Keys, Bureau Chief
Agency:   Division of Building Safety
Phone:    332-8986

STATEMENT OF PURPOSE/FISCAL NOTE                              H 552