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H0611...........................................................by BUSINESS BUILDING CODES - Amends existing law to provide for the adoption of the latest edition of the building code as published by the International Code Council; to provide accessibility standards for those with disabilities; to increase the membership of the Idaho Building Code Advisory Board; and to provide a minimum level of certification for all building inspectors. 02/18 House intro - 1st rdg - to printing 02/21 Rpt prt - to Bus 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 65-0-5 AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kendell, Kunz, Linford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Barrett, Kempton, Lake, Marley, Wood Floor Sponsors - Field(13), Chase Title apvd - to Senate 03/08 Senate intro - 1st rdg - to Com/HuRes 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 04/04 3rd rdg - PASSED - 34-1-0 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--Hawkins Absent and excused--None Floor Sponsor - Davis Title apvd - to House 04/05 To enrol - rpt enrol - Sp signed - Pres signed 04/06 To Governor 04/17 Governor signed Session Law Chapter 465 Effective: 07/01/00
H0611|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 611 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO BUILDING CODE ADVISORY ACT; AMENDING SECTION 39-4101, 3 IDAHO CODE, TO PROVIDE THE INTENT OF THE LEGISLATURE TO REQUIRE MINIMUM 4 CONSTRUCTION STANDARDS CONSISTENT WITH STANDARDS FOR ACCESSIBILITY FOR 5 THOSE WITH DISABILITIES; AMENDING SECTION 39-4106, IDAHO CODE, TO INCREASE 6 THE MEMBERSHIP OF THE IDAHO BUILDING CODE ADVISORY BOARD TO INCLUDE AN 7 ADDITIONAL LOCAL BUILDING OFFICIAL AND AN INDIVIDUAL WITH A DISABILITY 8 FROM AN ORGANIZATION REPRESENTING PEOPLE WITH ALL TYPES OF DISABILITIES 9 AND TO PROVIDE PROPER NOMENCLATURE; AMENDING SECTION 39-4107, IDAHO CODE, 10 TO PROVIDE FOR ADOPTION OF THE LATEST EDITION OF THE BUILDING CODE AS PUB- 11 LISHED BY THE INTERNATIONAL CODE COUNCIL, INCLUDING AMENDMENTS TO THE 12 BUILDING CODE IN ACCORDANCE WITH THE BOARD'S DETERMINATION OF ITS 13 EQUIVALENCY WITH THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDE- 14 LINES AND THE FAIR HOUSING ACT ACCESSIBILITY GUIDELINES, TO REQUIRE THE 15 BOARD TO PROVIDE FOR SUITABILITY OF ALTERNATE MATERIALS AND METHODS OF 16 CONSTRUCTION AND TO PROMOTE ADOPTION OF ACCESSIBILITY CODES, TO PROVIDE 17 FOR THE BOARD'S GENERAL RULEMAKING AUTHORITY AND TO PROVIDE PROPER NOMEN- 18 CLATURE; AMENDING SECTION 39-4108, IDAHO CODE, TO PROVIDE PROPER NOMENCLA- 19 TURE AND TO REQUIRE RECOGNITION OF A BUILDING INSPECTOR'S CERTIFICATION 20 FROM THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS OR THE INTERNA- 21 TIONAL CODE COUNCIL AS EQUIVALENT TO STATE CERTIFICATION AND TO MAKE A 22 TECHNICAL CORRECTION; AMENDING SECTION 39-4116, IDAHO CODE, TO REQUIRE 23 THAT LOCAL GOVERNMENTS ISSUING BUILDING PERMITS AND PERFORMING ENFORCEMENT 24 ACTIVITIES ADOPT THE MOST CURRENT BUILDING CODE, INCLUDING APPENDIX CHAP- 25 TERS PROVIDING FOR ACCESSIBILITY, TO DELETE OBSOLETE LANGUAGE AND TO 26 REQUIRE STATE CERTIFICATION OF ALL BUILDING CODE INSPECTORS INCLUDING 27 THOSE OF LOCAL GOVERNMENTS. 28 Be It Enacted by the Legislature of the State of Idaho: 29 SECTION 1. That Section 39-4101, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes 32 and uniformity in procedures for enforcing building codes throughout the 33 nation and state are matters of nationwide and statewide concern and interest, 34 in that uniformity would enhance elimination of obsolete, restricting, con- 35 flicting, duplicating and unnecessary regulations and requirements which could 36 unnecessarily increase construction costs or retard the use of new materials 37 and methods of installation or provide unwarranted preferential treatment to 38 types or classes of materials or products or methods of construction. 39 The legislature also finds that the factory production of housing and 40 other buildings presents unique problems with respect to uniformity of codes 41 and inspections throughout this state and nation. 42 (2) It is the intent of the legislature to: 43 (a) Promote the health, safety and welfare of the occupants or users of 2 1 buildings and structures and the general public; 2 (b) Require minimum performance standards and requirements for construc- 3 tion and construction materials, consistent with accepted standards of 4 engineering, fireandsafety, life safety and accessibility for those with 5 disabilities; 6 (c) Require standards and requirements in terms of performance, energy 7 efficiency, effect upon construction costs and consistency with nationally 8 accepted standards; 9 (d) Permit the use of modern technical methods, devices and improvements; 10 and 11 (e) Provide for a uniform interpretation of the building and safety codes 12 for the state of Idaho. 13 SECTION 2. That Section 39-4106, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-4106. IDAHO BUILDING CODE ADVISORY BOARD CREATED -- MEMBERSHIP -- 16 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho 17 building code advisory board is established within the department as an 18 appeals, code adoption and variance, and advisory board, to be appointed by 19 the governor, and shall consist ofsevennine (79) members:twoone (21) mem- 20 bersof the general public,; one (1)of which can be alocal fire official; 21 one (1) registered engineer;orone (1) licensed architect;onetwo (12) local 22 buildinginspectorofficials, one (1) from a county and one (1) from a city; 23 one (1) homebuilder or general contractor; one (1) representative of the modu- 24 lar building industry; and one (1)representative of the manufactured home25industryindividual with a disability from an organization that represents 26 people with all types of disabilities. Board members shall be appointed for a 27 term of four (4) years. Three (3) consecutive failures by a member to attend 28 meetings of the board without reasonable cause shall constitute cause for 29 removal of the member from the board by the governor. Whenever a vacancy 30 occurs, the governor shall appoint a qualified person to fill the vacancy for 31 the unexpired portion of the term. 32 (2) The members of the board shall, at their first regular meeting fol- 33 lowing the effective date of this chapter and every two (2) years thereafter, 34 elect by majority vote of the members of the board, a chairman who shall pre- 35 side at meetings of the board. A majority of the members of the board shall 36 constitute a quorum.provided that said majority shall include at least one37(1) public member.38 (3) Each member of the board not otherwise compensated by public moneys 39 shall be compensated as provided by section 59-509(g), Idaho Code, for each 40 day spent in attendance at meetings of the board. 41 (4) The board shall meet for regular business sessions at the call of the 42directoradministrator, chairman, or at the request of three (3) members of 43 the board, provided that the board shall meet at least biannually. 44 SECTION 3. That Section 39-4107, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 39-4107. POWERS AND DUTIES. (1)The board shall determine the suitability47of alternate materials and methods of constructionUpon publication of the 48 latest edition of the building code by the International Code Council, the 49 board shall initiate the process of developing legislation to provide for its 50 adoption under section 39-4109, Idaho Code. The board shall also determine 51 that building code's equivalency with the provisions of the Americans With 3 1 Disabilities Act Accessibility Guidelines and the Fair Housing Act Accessibil- 2 ity Guidelines. Upon finding that the building code under review does not pro- 3 vide an equivalent level of protection for those with disabilities, the board 4 shall promulgate rules to amend the code so as to minimize those deficiencies 5 to the maximum extent possible. The board shall complete the legislation 6 development process, code equivalency analysis and promulgation of rules as 7 needed to amend the code within twenty-four (24) months of its publication by 8 the International Code Council. 9 (2) The board shall function as a board of appeals and shall provide for 10 reasonable interpretationsof the provisions ofand suitability of alternate 11 materials and methods of construction as defined in the codes enumerated in 12 this act. 13 (3) The decisions of the board shall, in respect to code interpretations, 14 be final, and the board shall render all decisions and findings in writing to 15 the appropriate enforcement official and agency, the appellant, and thedirec-16toradministrator within ten (10) days of the conclusion of a hearing. 17 (4) For each appeal brought before the board, the chairman shall appoint 18 not less than three (3) members of the board to hear the appeal and render a 19 decision and finding in the name of the board, provided at least one (1) mem-20ber of which shall be a public member. 21 (5) The board shall continually study the operation of adopted codes, 22 standards, rules and regulations relating to the construction of buildings to 23 ascertain their effect upon the public safety and support an ongoing effort to 24 promote the uniform adoption, application and interpretation of safety, acces- 25 sibility and building codes statewide. 26 (6) The board shall adopt the latest changes to the codes enumerated in 27 this act, and shall recommend to the director such amendments deemed necessary 28 for the safety of the public. Such amendments shall be promulgated only after 29 public hearings on the subject amendments. 30 (7) The board shall have the authority to promulgate rules in accordance 31 with chapter 52, title 67, Idaho Code, to implement the provisions of this 32 chapter. 33 (8) The board shall utilize experts, consultants, and technical advisors 34 for assistance and recommendations relative to codes, standards, and appeals. 35 SECTION 4. That Section 39-4108, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 39-4108. CERTIFICATION -- DURATION -- FEES -- RENEWAL -- REVOCATION OR 38 SUSPENSION -- HEARINGS. (1) The board is hereby authorized and empowered to 39 conduct examinations and to pass upon the qualifications of state and local 40 government inspectors, and thedirectoradministrator is hereby authorized and 41 empowered to grant and issue certificates of competency to such applicants as 42 are found to be qualified by the board to be engaged as building code inspec- 43 tors. All certificates issued hereunder shall not be transferable. 44 (2) All certificates shall bear the date of issue, the expiration date, 45 and shall expire on the first day of January three (3) years following the 46 date of issue, unless renewed as provided in this act. 47 (3) All applicants shall pay to the director at the time of application 48 for examination, a fee of twenty-five dollars ($25.00). 49 (4) Certification once issued under this act, unless revoked or suspended 50 as herein provided, may be renewed at any time during the month of December on 51 the third year following its issuance on the payment of the renewal fee of 52 fifteen dollars ($15.00), and any certification which has expired may be 53 renewed at any time within one (1) year from the first day of January next 4 1 following its issuance, by payment of the examination fee. 2 (5) Thedirectoradministrator shall have the power to revoke or suspend 3 any certification if the same was obtained through error or fraud, or if the 4 holder thereof is shown to be grossly incompetent, or haswilfullywillfully 5 violated any of the rules and regulations prescribed by saiddirectoradminis- 6 trator or as prescribed by this act; provided before any certification shall 7 be revoked or suspended, the holder thereof shall have written notice enumer- 8 ating the charges against him, and shall be given a hearing by saiddirector9 administrator. The provisions of chapter 52, title 67, Idaho Code, shall apply 10 to all cases of revocation or suspension of certification. 11 (6) Thedirectoradministrator shall have power to appoint, by an order 12 in writing, any competent person to take testimony, who shall have power to 13 administer oaths, issue subpoenas and compel the attendance of witnesses, and 14 the decision of thedirectoradministrator shall be based on his examination 15 of the testimony taken and the records produced. Any person whose certifica- 16 tion has been revoked may, after the expiration of one (1) year from the date 17 of such revocation, but not before, apply for new certification. 18 (7) The administrator shall recognize a valid building inspector's certi- 19 fication from the International Conference of Building Officials or the Inter- 20 national Code Council as an equivalent to the state certification, and shall 21 issue a certificate of competency to anyone providing proof of said certifica- 22 tion upon receipt of all applicable fees. 23 SECTION 5. That Section 39-4116, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-4116. LOCAL GOVERNMENT ENFORCEMENT -- ASSISTANCE. (1) Local govern- 26 ments may, effective July 1 of any year, by affirmative action by resolution 27 or ordinance taken by the governing board of a local government, prior to 28 December 31 of the previous year, comply with the codes enumerated in this 29 chapter, and codes and rules promulgated pursuant to this chapter, and inspec- 30 tion and enforcement may be provided by the local government, or may be pro- 31 vided by the department if such local government opts to comply with the pro- 32 visions of this chapter but not to provide inspection and enforcement, except 33 that the department shall retain jurisdiction of inspection and enforcement of 34 construction standards and set-up codes for manufactured homes, and for 35 inspection and enforcement of construction standards for modular buildings and 36 commercial coaches, and, except as provided in section 39-4113(4), Idaho Code, 37 for review of public school construction plans, whether or not a local govern- 38 ment opts to comply with the other provisions of this chapter. Any decision to 39 comply with the provisions of this chapter must be communicated to the direc- 40 tor in writing, and compliance must be for an entire year commencing July 1. 41 The minimum codes a local government must adopt in order to opt into this 42 chapter are the latest editions of theUniformBbuildingCcode, and the Uni- 43 form Mechanical Code. Except as listed in subsection (2) of this section, the 44 remaining codes enumerated in the act are optional as to whether or not the 45 local government wishes to adopt them. 46 (2) Regardless of whether or not a local government opts to comply with 47 other sections of this act,they shall adopt the Americans With Disabilities48Act (ADA) Part III, (Appendix A to Part 36-Standards for Accessible Design),49Accessibility Guidelines for Buildings and Facilities as published in the Fed-50eral Register Volume 56 No. 144 Friday, July 26, 1991 and subsequent editions51and this shall also be known as UBC Standard 31-1 and the Americans With Dis-52abilities Act (ADA) Part II, Accessibility Guidelines for Buildings and Facil-53ities, and Transportation Facilities as published in the Federal Register Vol-5 1ume 56 No. 173, Friday, September 6, 1991local governments that issue build- 2 ing permits and perform enforcement activities as defined in the building code 3 shall adopt the most current building code as defined in section 39-4109, 4 Idaho Code, including the appendix chapter(s) providing for accessibility. 5 (3) All building code inspectors, including those of local governments 6which have opted to comply with the provisions of this chapter,shall be cer- 7 tified as provided by section 39-4108, Idaho Code. 8 (4) The department may contract to assist a local government in such mat- 9 ters as technical assistance, code interpretation, education, training, per- 10 sonnel, and information and dissemination of information and statistics. 11 (5) The department may conduct or sponsor pre-entry and in-service educa- 12 tion and training programs on the technical, legal, and administrative aspects 13 of building code administration and enforcement. For this purpose, it may 14 cooperate and contract with educational institutions, local, state, regional 15 or national building officials' organizations, and any other appropriate orga- 16 nization. 17 (6) Local governments who do not exercise their option may at any time of 18 the year contract with the department to administer the building code enforce- 19 ment program for them. The terms of such a contract shall be negotiated 20 between the local unit of government and the director.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 09463C1 This legislation provides that the State and those local jurisdictions choosing to adopt a building code and conducting building inspection services will utilize the most current edition of the Building Code. It will also require that building inspectors be certified, by meeting either the state certification requirements or those of the International Conference of Building Officials or the International Code Council. Currently, for buildings covered under the ADA and Fair Housing Act, most construction review takes place only when accessibility questions are raised or violations have already occurred. This legislation will benefit architects, developers, builders and owners by creating clear standards for them to work from and thereby decreasing the numbers of accessibility-related complaints and lawsuits. Also, this code will ensure that approximately 138,000 Idahoans with disabilities have equal access to commercial structures and residential opportunities. It is the intent of this legislation to expand the Idaho Building Code Advisory Board by two new members to provide better representation by local governments and those with disabilities. FISCAL IMPACT Expanding membership of the Idaho Building Code Advisory Board by two members will result in some additional costs associated with travel and meeting expenses. Mileage reimbursement is 32.5 cents per mile and there will be other associated per diem costs. Contact: Kelly Buckland State Independent Living Council (208) 334-3800 Rep. Debbie Field (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 611