2000 Legislation
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HOUSE BILL NO. 611 – Bldg code/adopt/accessiblty standrd

HOUSE BILL NO. 611

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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

Bill Text


 H0611
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN 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, fire and safety, 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 of seven nine (79) members: two one (21)  mem-
 20    bers  of  the  general public,; one (1) of which can be a local fire official;
 21    one (1) registered engineer; or one (1) licensed architect; one two (12) local
 22    building inspector officials, 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 home
 25    industry individual 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  one
 37    (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
 42    director  administrator,  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 suitability
 47    of  alternate  materials  and  methods of construction Upon 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 interpretations of the provisions of and 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 the direc-
 16    tor administrator 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-
 20    ber 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 the director administrator 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)  The  director administrator 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 has wilfully willfully
  5    violated any of the rules and regulations prescribed by said director adminis-
  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  said  director
  9    administrator. The provisions of chapter 52, title 67, Idaho Code, shall apply
 10    to all cases of revocation or suspension of certification.
 11        (6)  The  director  administrator 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 the director administrator 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 the Uniform Bbuilding Ccode, 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  Disabilities
 48    Act  (ADA)  Part III, (Appendix A to Part 36-Standards for Accessible Design),
 49    Accessibility Guidelines for Buildings and Facilities as published in the Fed-
 50    eral Register Volume 56 No. 144 Friday, July 26, 1991 and subsequent  editions
 51    and  this shall also be known as UBC Standard 31-1 and the Americans With Dis-
 52    abilities Act (ADA) Part II, Accessibility Guidelines for Buildings and Facil-
 53    ities, and Transportation Facilities as published in the Federal Register Vol-
                                                                        
                                           5
                                                                        
  1    ume 56 No. 173, Friday, September 6, 1991 local 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
  6    which  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.

Statement of Purpose / Fiscal Impact


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                 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