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H0512...........................................................by BUSINESS
SCHOOLS - SAFETY HAZARDS - Amends existing law to authorize the
administrator of the Division of Building Safety to require the elimination
of serious safety hazards in public school facilities.
01/30 House intro - 1st rdg - to printing
01/31 Rpt prt - to Educ
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 65-3-2
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Harwood, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kunz, Lake, Loertscher, Mader,
Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Hammond, Kendell, Langford
Absent and excused -- Henbest, Montgomery
Floor Sponsor - Gagner
Title apvd - to Senate
02/13 Senate intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 512
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM SCHOOL BUILDING SAFETY ACT; AMENDING SECTION 39-8004,
3 IDAHO CODE, TO DEFINE "SERIOUS SAFETY HAZARD" AND TO PROVIDE CORRECT TER-
4 MINOLOGY; AMENDING SECTION 39-8008, IDAHO CODE, TO PROVIDE REFERENCES TO
5 SERIOUS SAFETY HAZARDS AND TO PROVIDE THAT THE ADMINISTRATOR SHALL ISSUE A
6 WRITTEN ORDER OR NOTICE REQUIRING THE ELIMINATION OF HAZARDOUS CONDITIONS
7 IN PUBLIC SCHOOL FACILITIES WITHIN A CERTAIN PERIOD OF TIME IF THE ADMIN-
8 ISTRATOR CONCLUDES A VIOLATION CONSTITUTES A SERIOUS SAFETY HAZARD; AMEND-
9 ING SECTION 39-8009, IDAHO CODE, TO PROVIDE A REFERENCE TO SERIOUS SAFETY
10 HAZARDS; AND AMENDING SECTION 39-8011, IDAHO CODE, TO PROVIDE A REFERENCE
11 TO SERIOUS SAFETY HAZARDS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 39-8004, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-8004. DEFINITIONS. As used in this act chapter:
16 (1) "Administrator" means the administrator of the division of building
17 safety or his designated representative.
18 (2) "Day" shall mean a calendar day unless otherwise specified.
19 (3) "Imminent safety hazard" means a condition that presents an unreason-
20 able risk of death or serious bodily injury to occupants of a building.
21 (4) "Licensed professional" means a person licensed by the state of Idaho
22 as an architect or an engineer.
23 (5) "Local government" means any city or county of this state.
24 (6) "Serious safety hazard" means a condition that presents an unreason-
25 able risk to health or injury to occupants of a building.
26 SECTION 2. That Section 39-8008, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
29 POSTING. (1) The administrator shall have authority to enter all public school
30 facilities covered by this chapter at reasonable times and inspect such facil-
31 ities for compliance with the Idaho uniform school building safety code.
32 (2) If the administrator finds a violation of the Idaho uniform school
33 building safety code that he concludes does not constitute an imminent or
34 serious safety hazard, he shall notify in writing the school district superin-
35 tendent, principal, board member, or other person in charge.
36 (3) If the administrator finds a violation of the Idaho uniform school
37 building safety code that he concludes constitutes a serious safety hazard, he
38 shall immediately issue a written order or notice requiring the school super-
39 intendent, principal, district board member or other person responsible for
40 the school facility to eliminate the condition within a certain period of
41 time, not exceeding twelve (12) months, as specified by the administrator in
2
1 the order or notice.
2 (4) If the administrator finds a violation of the Idaho uniform school
3 building safety code that he concludes constitutes an imminent safety hazard,
4 he shall immediately notify the department of administration and request that
5 the department of administration designate a licensed professional to inde-
6 pendently evaluate the condition prior to issuing any report under this chap-
7 ter. The department of administration shall, within two (2) working days, des-
8 ignate a licensed professional to independently evaluate the condition identi-
9 fied. That licensed professional shall, within fourteen (14) days, complete
10 its independent evaluation of the condition identified by the administrator
11 and notify the director of the department of administration of its conclu-
12 sions. If the administrator determines that the condition constituting an
13 imminent safety hazard could reasonably be expected to cause death or serious
14 physical harm before the evaluation of the department of administration can be
15 completed and before the condition can be eliminated, he shall determine the
16 extent of the area where such condition exists and thereupon shall issue a
17 written order or notice requiring the school district superintendent, princi-
18 pal, board member or other person in charge to cause all persons, except those
19 necessary to eliminate the condition, to be withdrawn from, and to be
20 restrained from entering, such area pending the evaluation of the department
21 of administration. This order shall be withdrawn if the evaluation of the
22 department of administration does not concur with the administrator that the
23 condition constitutes an imminent safety hazard as could reasonably be
24 expected to cause death or serious physical harm before the condition can be
25 eliminated.
26 (45) If the department of administration agrees with the determination of
27 the administrator that a condition identified constitutes an imminent safety
28 hazard, the department of administration shall, within three (3) working days,
29 so notify the administrator in writing.
30 (56) Upon receipt of such notification in writing, the administrator
31 shall immediately serve, or cause to be served, written notice or order upon
32 the school district superintendent, principal, board member or other person in
33 charge describing the imminent safety hazard. The administrator shall also
34 notify in writing the state superintendent of public instruction of such immi-
35 nent safety hazard. Upon receipt of such written notice or order, the school
36 district superintendent, principal, board member, or other person in charge
37 shall require all changes necessary to eliminate the imminent safety hazard be
38 made, without delay and within the time specified by the administrator in the
39 notice or order. If the condition presenting an imminent safety hazard is not
40 corrected within the specified time, or if the administrator determines that
41 the condition constituting such imminent safety hazard could reasonably be
42 expected to cause death or serious physical harm before the condition can be
43 eliminated, if he has not previously done so he shall determine the extent of
44 the area where such condition exists and thereupon shall issue an order or
45 notice requiring the school district superintendent, principal, board member,
46 or other person in charge to cause all persons, except those necessary to
47 eliminate the condition, to be withdrawn from, and to be restrained from
48 entering, such area. The school district superintendent, principal, board mem-
49 ber, or other person in charge shall assist the administrator as necessary to
50 post such areas to prevent injury.
51 (67) The administrator shall follow up on the school district's progress
52 in addressing any identified imminent or serious safety hazard to ensure that
53 appropriate corrective action was taken. The administrator may extend the time
54 for completing corrective action if he deems necessary.
55 (78) Upon completion of corrective action and verification of such com-
3
1 pletion by the division of building safety and the department of administra-
2 tion, the administrator shall provide a report to the state superintendent of
3 public instruction, the local superintendent of schools and the chair of the
4 local school board.
5 SECTION 3. That Section 39-8009, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-8009. INJUNCTION. Upon failure of the district superintendent, princi-
8 pal, board member, or other person in charge to comply with the requirements
9 stated in any notice or order relating to an imminent or serious safety haz-
10 ard, the administrator may maintain an action in the name of the state of
11 Idaho to enjoin the district superintendent, principal, board member or other
12 person in charge from acting in violation of such notice or order or from
13 doing any action that interferes with the administrator carrying out his stat-
14 utory duties. Such action shall be brought in the district court in which said
15 acts are claimed to have been committed by filing a verified complaint setting
16 forth said act. The court, if satisfied from such complaint or affidavits that
17 the act complained of has been or is being committed and will persist, may
18 issue a temporary writ without notice or bond enjoining the defendant from the
19 commission of such act pending final disposition of the cause. The cause shall
20 proceed as in other causes for injunction. If, at the trial, the commission of
21 said act by the defendant be established and the court further finds it proba-
22 ble that the defendant will continue in such act or similar acts, the court
23 shall enter a decree enjoining said defendant from committing said or similar
24 acts.
25 SECTION 4. That Section 39-8011, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-8011. VIOLATIONS. (1) If a school district, the district superintend-
28 ent, principal, board member, or other person in charge willfully violates the
29 provisions of this chapter, the state superintendent of public instruction,
30 with the concurrence of the state board of education, shall withhold such
31 ensuing apportionments as are reasonably necessary to make corrective repairs
32 to address the identified imminent or serious safety hazard.
33 (2) It is a misdemeanor to remove, without permission of the administra-
34 tor, a notice or order posted pursuant to this chapter.
STATEMENT OF PURPOSE
RS 11725C1
This legislation will allow the Administrator of Building Safety
to notify the proper school officials and board members that a
serious problems exists and needs to be corrected.
FISCAL IMPACT
There is no fiscal impact
Contact
Name: Dave Munroe, Division of Building Safety
Phone: 523 1221
Rep. Lee Gagner 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 512