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H0586aaS........................................................by BUSINESS
BUILDING CODE - Amends, repeals and adds to existing law to revise the
scope, application and requirements of the Idaho Building Code Act.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Bus
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 50-13-7
AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Eskridge, Field(13), Field(20), Gagner, Hadley,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kunz, Mader, Martinez,
Meyer, Montgomery, Mortensen, Pischner, Pomeroy, Raybould, Ridinger,
Roberts, Robison, Sellman, Smith(33), Smith(23), Smylie, Stevenson,
Stone, Tilman, Trail, Wheeler, Young
NAYS -- Barrett, Callister, Ellsworth, Harwood, Kendell, Lake,
Langford, Loertscher, McKague, Moyle, Pearce, Sali, Schaefer
Absent and excused -- Bedke, Gould, Hammond, Kellogg, Shepherd, Wood,
Mr. Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Com/HuRes
03/04 Rpt out - to 14th Ord
03/06 Rpt out amen - to 1st rdg as amen
03/07 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 30-0-5
AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill,
Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler,
Williams
NAYS -- None
Absent and excused -- Boatright, Branch(Bartlett), Dunklin, Ingram,
Stegner
Floor Sponsors - Lodge & Davis
Title apvd - to House
03/12 House concurred in Senate amens - to engros
03/13 Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 62-2-6
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Loertscher,
Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pomeroy, Raybould, Robison, Schaefer, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Mr. Speaker
NAYS -- Langford, Sali
Absent and excused -- Crow, McKague, Pischner, Ridinger, Roberts,
Young
Floor Sponsor - Gagner
Title apvd - to enrol
03/14 Rpt enrol - Sp signed - Pres signed
03/14 To Governor
03/27 Governor signed
Session Law Chapter 345
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 586
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO BUILDING SAFETY; REPEALING CHAPTER 32, TITLE 39, IDAHO CODE;
3 AMENDING THE HEADING FOR CHAPTER 41, TITLE 39, IDAHO CODE; AMENDING SEC-
4 TION 39-4101, IDAHO CODE, TO REVISE LEGISLATIVE FINDING AND INTENT; AMEND-
5 ING SECTION 39-4102, IDAHO CODE, TO REVISE CHAPTER TITLE AND TO MAKE A
6 TECHNICAL CORRECTION; AMENDING SECTION 39-4103, IDAHO CODE, TO REVISE THE
7 SCOPE OF THE CHAPTER AND EXEMPTIONS FROM APPLICATION OF THE CHAPTER;
8 AMENDING SECTION 39-4104, IDAHO CODE, TO PROVIDE THAT THE CHAPTER APPLIES
9 TO THE STATE AND TO LOCAL GOVERNMENTS THAT ADOPT BUILDING CODES; AMENDING
10 SECTION 39-4105, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION
11 39-4106, IDAHO CODE, TO REVISE THE NAME AND AUTHORITY OF THE IDAHO BUILD-
12 ING CODE BOARD, TO REVISE TERMS OF MEMBERS AND MEETING REQUIREMENTS FOR
13 THE BOARD, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORREC-
14 TION; AMENDING SECTION 39-4107, IDAHO CODE, TO REVISE POWERS AND DUTIES OF
15 THE BOARD; REPEALING SECTION 39-4108, IDAHO CODE; AMENDING CHAPTER 41,
16 TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-4108, IDAHO
17 CODE, TO PROVIDE FOR CERTIFICATION OF BUILDING INSPECTORS; REPEALING SEC-
18 TION 39-4109, IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY
19 THE ADDITION OF A NEW SECTION 39-4109, IDAHO CODE, TO PROVIDE FOR APPLICA-
20 TION OF BUILDING SAFETY CODES; REPEALING SECTION 39-4110, IDAHO CODE;
21 AMENDING SECTION 39-4111, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
22 REMOVE LANGUAGE REFERENCING PERMIT REQUIREMENTS FOR COMMERCIAL COACHES AND
23 MODULAR BUILDINGS AND TO PROHIBIT PERSONS FROM CONSTRUCTING, IMPROVING,
24 EXTENDING OR ALTERING BUILDINGS, RESIDENCES OR STRUCTURES IN CERTAIN LOCAL
25 GOVERNMENT JURISDICTIONS WITHOUT FIRST PROCURING APPLICABLE PERMITS;
26 AMENDING SECTION 39-4112, IDAHO CODE, TO REVISE MAXIMUM PERMIT FEES;
27 AMENDING SECTION 39-4113, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
28 REVISE PROVISIONS RELATING TO PLAN REVIEWS, TO PROVIDE FOR LIMITED REVIEW
29 OF SCHOOL PLANS, TO REVISE PLAN REVIEW FEES, TO REMOVE LANGUAGE REQUIRING
30 MANUFACTURERS TO CERTIFY BUILDING PLANS, TO REVISE REVIEW AND INSPECTION
31 REQUIREMENTS FOR SCHOOL DISTRICT BUILDINGS AND FACILITIES, TO ADD REFER-
32 ENCES TO SCHOOL FACILITIES AND TO PROVIDE THAT THE CHAPTER SHALL NOT LIMIT
33 LOCAL GOVERNMENTS IN ISSUING PERMITS, REVIEWING PLANS AND PROVIDING BUILD-
34 ING CODE ENFORCEMENT ACTIVITIES RELATED TO SCHOOL BUILDINGS AND FACILITIES
35 WITHIN THEIR JURISDICTION; REPEALING SECTION 39-4114, IDAHO CODE; AMENDING
36 SECTION 39-4115, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE
37 PROVISIONS RELATING TO DIVISION PERSONNEL; REPEALING SECTION 39-4116,
38 IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY THE ADDITION OF
39 A NEW SECTION 39-4116, IDAHO CODE, TO PROVIDE FOR LOCAL GOVERNMENT ADOP-
40 TION AND ENFORCEMENT OF BUILDING CODES; REPEALING SECTIONS 39-4116A AND
41 39-4117, IDAHO CODE; AMENDING SECTION 39-4120, IDAHO CODE, TO CLARIFY PER-
42 MISSIBLE GROUNDS FOR APPEALS TO THE BOARD; AMENDING SECTION 39-4121, IDAHO
43 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE THAT NO MODULAR BUILD-
44 ING WHICH HAS BEEN APPROVED BY THE DIVISION SHALL BE MODIFIED PRIOR TO ITS
45 INITIAL OCCUPANCY UNLESS APPROVAL OF SUCH MODIFICATION IS FIRST MADE BY
46 THE DIVISION; AMENDING SECTION 39-4122, IDAHO CODE, TO PROVIDE CORRECT
2
1 TERMINOLOGY AND TO PROVIDE REFERENCE TO THE ADOPTED CODES, LAWS AND RULES
2 PROMULGATED BY THE BOARD; AMENDING SECTION 39-4124, IDAHO CODE, TO PROVIDE
3 CORRECT TERMINOLOGY; AMENDING SECTION 39-4125, IDAHO CODE, TO PROVIDE COR-
4 RECT TERMINOLOGY AND TO REMOVE REFERENCE TO REGULATIONS; AMENDING SECTION
5 39-4126, IDAHO CODE, TO PROHIBIT PERSONS FROM WILLFULLY VIOLATING RULES
6 PROMULGATED BY THE ADMINISTRATOR OR THE BOARD AND TO MAKE TECHNICAL COR-
7 RECTIONS; REPEALING SECTION 39-4127, IDAHO CODE; AMENDING SECTION 39-4128,
8 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; REPEALING SECTIONS 39-4130 AND
9 39-4131, IDAHO CODE; REPEALING CHAPTER 23, TITLE 44, IDAHO CODE; AMENDING
10 SECTION 44-2101A, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION
11 56-701A, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO FURTHER DEFINE A
12 TERM; AMENDING SECTION 63-2401, IDAHO CODE, TO FURTHER DEFINE A TERM AND
13 TO REVISE A CODE REFERENCE; AND AMENDING SECTION 67-6509A, IDAHO CODE, TO
14 REVISE A CODE REFERENCE.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Chapter 32, Title 39, Idaho Code, be, and the same is
17 hereby repealed.
18 SECTION 2. That the Heading for Chapter 41, Title 39, Idaho Code, be, and
19 the same is hereby amended to read as follows:
20 CHAPTER 41
21 IDAHO BUILDING CODE ADVISORY ACT
22 SECTION 3. That Section 39-4101, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes
25 and uniformity in procedures for enforcing building safety codes throughout
26 the nation and state are matters of nationwide and statewide concern and
27 interest, in that uniformity would enhance elimination of obsolete, restrict-
28 ing, conflicting, duplicating and unnecessary regulations and requirements
29 which could unnecessarily increase construction costs or retard the use of new
30 materials and methods of installation or provide unwarranted preferential
31 treatment to types or classes of materials or products or methods of construc-
32 tion.
33 The legislature also finds that the factory production of housing and
34 other buildings presents unique problems with respect to uniformity of codes
35 and inspections throughout this state and nation.
36 (2) It is the intent of the legislature to:
37 (a) Promote the health, safety and welfare of the occupants or users of
38 buildings and structures and the general public subject to this chapter;
39 (b) Require minimum performance standards and requirements for construc-
40 tion and construction materials, consistent with accepted standards of
41 engineering, fire safety, life safety and accessibility for those with
42 disabilities;
43 (c) Require Establish, for jurisdictions enforcing building codes pursu-
44 ant to this chapter, minimum standards and requirements in terms of per-
45 formance, energy efficiency, effect upon construction costs and consis-
46 tency with nationally accepted standards;
47 (d) Permit the use of modern technical methods, devices and improvements;
48 and
49 (e) Provide for a uniform interpretation of the building and safety codes
3
1 for the state of Idaho Clarify and establish roles of the various juris-
2 dictions subject to this chapter.
3 SECTION 4. That Section 39-4102, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-4102. SHORT TITLE. This act chapter shall be known as "The Idaho
6 Building Code Advisory Act." of 1975."
7 SECTION 5. That Section 39-4103, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-4103. SCOPE -- EXEMPTIONS. (1) The provisions of this chapter shall
10 apply to all buildings and construction within the state of Idaho, except as
11 otherwise provided in This chapter authorizes the state division of building
12 safety and local governments to adopt and enforce building codes pursuant to
13 the provisions of this chapter. All buildings owned by any state government
14 agency or entity, or which are constructed or renovated specifically for use
15 or occupancy by any such state agency or entity, shall conform to the codes
16 adopted in this chapter. The following is exempt from the provisions of this
17 chapter:
18 (2) Structures Equipment used primarily for industrial chemical process
19 purposes and for mineral extraction and mineral processing purposes. shall be
20 exempt from this chapter except for This exemption shall not include the erec-
21 tion and fabrication of new structures, boilers, pressure vessels and other
22 equipment as required to condition the building for personnel comfort and
23 safety. Equipment in this regard shall mean and shall be limited to facilities
24 or installations for heating, ventilating, air conditioning, refrigerating
25 facilities associated with air conditioning equipment, elevators, dumbwaiters,
26 escalators, and boilers and pressure vessels associated with building heating
27 systems.
28 (3) Temporary facilities, as defined in section 39-4105(16), Idaho Code,
29 shall be exempt from the provisions of this chapter, except for temporary
30 facilities which are classified as a modular building under the provisions of
31 section 39-4121, Idaho Code, and/or a commercial coach under the provisions of
32 section 39-4122, Idaho Code.
33 (4) Farms, as defined in section 39-4105(19), Idaho Code, shall be exempt
34 from the provisions of this chapter except for any structure which is classi-
35 fied as a modular building under the provisions of section 39-4121, Idaho
36 Code, and/or a commercial coach under the provisions of section 39-4122, Idaho
37 Code, or a manufactured home under the provisions of chapter 40, title 39,
38 Idaho Code.
39 SECTION 6. That Section 39-4104, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-4104. ENFORCEMENT OF LAW. The administrator of the division of build-
42 ing safety shall enforce the provisions of this act chapter that apply to the
43 state. Local governments that adopt building codes shall enforce the provi-
44 sions of this chapter that govern application by local governments.
45 SECTION 7. That Section 39-4105, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 39-4105. DEFINITIONS. As used in this chapter, the terms defined in this
4
1 section shall have the following meanings, unless the context clearly indi-
2 cates another meaning. Where terms are not defined in this chapter and are
3 defined in the currently adopted International Building Code published by the
4 International Code Council, such terms shall have the meanings ascribed to
5 them in that code:
6 (1) "Administrator" means the administrator of the division of building
7 safety for the state of Idaho.
8 (2) "Board" means the Idaho building code advisory board, herein created.
9 (3) "Person" means a natural person, corporation, partnership, trust,
10 society, club, association, or other organization "Building inspector" means a
11 person who inspects buildings or structures for compliance with the provisions
12 of this chapter.
13 (4) "Building" means a combination of materials, whether portable or
14 fixed, which comprises a structure affording facilities or shelter for any use
15 or occupancy, and shall include a part or parts thereof and all equipment
16 therein normally a part of the structure "Closed construction" means any manu-
17 factured building or building component which may enclose factory installed
18 structural, mechanical, electrical or plumbing systems and is not open for
19 visual inspection at the building site.
20 (5) "Commercial coach" means a modular building equipped with the neces-
21 sary service connections and made so as to be readily movable as a unit on its
22 own running gear and originally designated to be used without a permanent
23 foundation.
24 (6) "Construction" means the erection, fabrication, reconstruction, demo-
25 lition, alteration, conversion, or repair of a building, (other than in-kind),
26 or the installation of equipment therein normally a part of the structure.
27 (67) "Equipment" means facilities or installations including, but not
28 limited to, heating, ventilating, air conditioning, and refrigerating facili-
29 ties or installations, and elevators, dumbwaiters, escalators, boilers and
30 pressure vessels and ski lifts, but not including telecommunications facili-
31 ties "Division" means the state of Idaho division of building safety.
32 (78) "Local inspection agency" means the agency or agencies of local gov-
33 ernment with authority to make inspections of buildings and to enforce the
34 codes, laws and rules of the state of Idaho which establish standards and
35 requirements applicable to the construction, alteration, repair, or demolition
36 of buildings "International Fire Code" means the International Fire Code as
37 published by the International Code Council.
38 (89) "Local government" means any city or county of this state.
39 (10) "Manufactured home" means a structure, constructed after June 15,
40 1976, in accordance with the HUD manufactured home construction and safety
41 standards, and is transportable in one (1) or more sections, which, in the
42 traveling mode, is eight (8) body feet or more in width or is forty (40) body
43 feet or more in length, or when erected on site, is three hundred twenty (320)
44 or more square feet, and which is built on a permanent chassis and designed to
45 be used as a dwelling with or without a permanent foundation when connected to
46 the required utilities, and includes the plumbing, heating, air conditioning,
47 and electrical systems contained therein, except that such term shall include
48 any structure which meets all the requirements of this paragraph except the
49 size requirements and with respect to which the manufacturer voluntarily files
50 a certification required by the secretary of housing and urban development and
51 complies with the standards established under 42 U.S.C. section 5401 et seq.
52 (11) "Mobile home" means a factory-assembled structure or structures gen-
53 erally constructed prior to June 15, 1976, and equipped with the necessary
54 service connections and made so as to be readily movable as a unit or units on
55 their own running gear and designed to be used as a dwelling unit or units
5
1 with or without a permanent foundation.
2 (912) "Modular building" means any building or building component, other
3 than a manufactured or mobile home, which is constructed according to codes
4 and standards contained in the Uniform Building Code, as adopted or any amend-
5 ments thereto adopted by the division of building safety, which is of closed
6 construction and is either entirely or substantially prefabricated or assem-
7 bled at a place other than the building site.
8 (10) "Building site" means any lot, tract, parcel, or subdivision of land,
9 either public or private, upon which a building is placed or is to be placed.
10 (11) "Closed construction" means any manufactured building or building
11 component which may enclose factory installed structural, mechanical, electri-
12 cal or plumbing systems and is not open for visual inspection at the building
13 site.
14 (12) "Commercial coach" means a modular building equipped with the neces-
15 sary service connections and made so as to be readily movable as a unit on its
16 own running gear and originally designated to be used without a permanent
17 foundation.
18 (13) "Manufactured home" (formerly mobile home) means a structure, con-
19 structed according to HUD/FHA mobile home construction and safety standards,
20 transportable in one or more sections, which, in the traveling mode, is eight
21 (8) body feet or more in width or is forty (40) body feet or more in length,
22 or when erected on site, is three hundred twenty (320) or more square feet,
23 and which is built on a permanent chassis and designed to be used as a dwell-
24 ing with or without a permanent foundation when connected to the required
25 utilities, and includes the plumbing, heating, air conditioning, and electri-
26 cal systems contained therein, except that such term shall include any struc-
27 ture which meets all the requirements of this paragraph except the size
28 requirements and with respect to which the manufacturer voluntarily files a
29 certification required by the secretary of housing and urban development and
30 complies with the standards established under 42 U.S.C. 5401 et seq.
31 (14) "Temporary facility" means a structure designed and constructed to
32 service actual construction projects and which is completely removed upon com-
33 pletion of the project. This structure shall not be a place of employment or
34 human habitation, and does not include those temporary structures used for the
35 protection of the public around and in conjunction with construction work.
36 (15) "Human habitation," when used in respect to temporary facilities,
37 means a space in a structure for living, sleeping, eating or cooking.
38 Bathrooms, toilet compartments, storage or utility space and similar areas are
39 not considered space for human habitation.
40 (163) "Telecommunications facilities" means all wires, cables, equipment,
41 apparatus or other installations necessary to furnish service, by which there
42 is accomplished or may be accomplished, the sending or receiving of informa-
43 tion, data, message writing signs, signals, pictures, and sounds of all kinds,
44 by aid of such wires, cables, equipment, apparatus or other installations, but
45 shall not include the habitable structure in which such telecommunications
46 facilities are housed.
47 (17) "Farm" means an agricultural unit of five (5) acres or more.
48 SECTION 8. That Section 39-4106, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-4106. IDAHO BUILDING CODE ADVISORY BOARD CREATED -- MEMBERSHIP --
51 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho
52 building code advisory board is established within the department division as
53 an appeals, code adoption and variance, and advisory rulemaking board, to be
6
1 appointed by the governor, and shall consist of nine (9) members: one (1) mem-
2 ber of the general public; one (1) local fire official; one (1) registered
3 engineer; one (1) licensed architect; two (2) local building officials, one
4 (1) from a county and one (1) from a city; one (1) homebuilder or general con-
5 tractor; one (1) representative of the modular building industry; and one (1)
6 individual with a disability from an organization that represents people with
7 all types of disabilities. Board members shall be appointed for a terms of
8 four (4) years and until their successor has been appointed. Three (3) consec-
9 utive failures by a member to attend meetings of the board without reasonable
10 cause shall constitute cause for removal of the member from the board by the
11 governor. Whenever a vacancy occurs, the governor shall appoint a qualified
12 person to fill the vacancy for the unexpired portion of the term.
13 (2) The members of the board shall, at their first regular meeting fol-
14 lowing the effective date of this chapter and every two (2) years thereafter,
15 elect by majority vote of the members of the board, a chairman who shall pre-
16 side at meetings of the board. A majority of the currently appointed members
17 of the board shall constitute a quorum.
18 (3) Each member of the board not otherwise compensated by public moneys
19 shall be compensated as provided by section 59-509(h), Idaho Code, for each
20 day spent in attendance at meetings of the board.
21 (4) The board shall meet for regular business sessions at the call of the
22 administrator, chairman, or at the request of three four (34) members of the
23 board, provided that the board shall meet at least biannually.
24 SECTION 9. That Section 39-4107, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-4107. POWERS AND DUTIES. (1) Upon publication of the latest edition of
27 the building code by the International Code Council, the board shall initiate
28 the process of developing legislation to provide for its adoption under sec-
29 tion 39-4109, Idaho Code. The board shall also determine that building code's
30 equivalency with the provisions of the Americans With Disabilities Act Acces-
31 sibility Guidelines and the Fair Housing Act Accessibility Guidelines. Upon
32 finding that the building code under review does not provide an equivalent
33 level of protection for those with disabilities, the board shall promulgate
34 rules to amend the code so as to minimize those deficiencies to the maximum
35 extent possible. The board shall complete the legislation development process,
36 code equivalency analysis and promulgation of rules as needed to amend the
37 code within twenty-four (24) months of its publication by the International
38 Code Council The board shall continually study the operation of adopted codes,
39 standards and rules relating to the construction of buildings or facilities
40 under the jurisdiction of the division to ascertain their effect upon the pub-
41 lic safety and shall support an ongoing effort to promote the uniform adop-
42 tion, application and interpretation of safety, accessibility and building
43 codes statewide. The board shall have the authority to adopt and enforce the
44 codes specified in section 39-4109, Idaho Code, or later editions of such
45 codes, and to promulgate rules in accordance with chapter 52, title 67, Idaho
46 Code, to implement the provisions of this chapter.
47 (2) The board shall function as a board of appeals and shall provide for
48 reasonable interpretations and suitability of alternate materials and methods
49 of construction as defined in the codes enumerated in this act. for the divi-
50 sion as prescribed in the adopted building code. The board shall have no
51 authority to waive any requirements of the codes enumerated in this chapter or
52 in rules promulgated pursuant to this chapter. Provided further:
53 (3a) The decisions of the board shall, in respect to code interpreta-
7
1 tions, be final, and the board shall render all decisions and findings in
2 writing to the appropriate enforcement official and agency, the appellant,
3 and the administrator within ten (10) working days of the conclusion of a
4 hearing.; and
5 (4b) For each appeal brought before the board, the chairman shall appoint
6 not less than three (3) members of the board to hear the appeal and render
7 a decision and finding in the name of the board.
8 (5) The board shall continually study the operation of adopted codes,
9 standards, rules and regulations relating to the construction of buildings to
10 ascertain their effect upon the public safety and support an ongoing effort to
11 promote the uniform adoption, application and interpretation of safety, acces-
12 sibility and building codes statewide.
13 (6) The board shall adopt the latest changes to the codes enumerated in
14 this act, and shall recommend to the director such amendments deemed necessary
15 for the safety of the public. Such amendments shall be promulgated only after
16 public hearings on the subject amendments.
17 (7) The board shall have the authority to promulgate rules in accordance
18 with chapter 52, title 67, Idaho Code, to implement the provisions of this
19 chapter.
20 (83) The board shall utilize experts, consultants, and technical advisors
21 for assistance and recommendations relative to codes, standards, and appeals.
22 SECTION 10. That Section 39-4108, Idaho Code, be, and the same is hereby
23 repealed.
24 SECTION 11. That Chapter 41, Title 39, Idaho Code, be, and the same is
25 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
26 ignated as Section 39-4108, Idaho Code, and to read as follows:
27 39-4108. CERTIFICATION. After July 1, 2002, state and local government
28 building inspectors, including state safety advisors, shall hold a valid cer-
29 tification as a building inspector or plans examiner issued by the Interna-
30 tional Code Council (ICC) or the International Conference of Building Offi-
31 cials (ICBO), except that a building inspector with a valid ICC or ICBO resi-
32 dential building inspector certification may only inspect structures regulated
33 by the International Residential Code (IRC). A building inspector with a valid
34 ICC or ICBO residential building inspector certification working under the
35 supervision of an ICC or ICBO certified building inspector or plans examiner
36 may inspect all occupancy classifications for a period not to exceed three (3)
37 years. Any building inspector or plans examiner possessing state certification
38 as of June 30, 2002, may continue to serve as a building inspector, without
39 renewal, until July 1, 2005, at which time certification as an ICC or ICBO
40 building inspector or plans examiner shall be necessary to retain inspection
41 authority.
42 SECTION 12. That section 39-4109, Idaho Code, be, and the same is hereby
43 repealed.
44 SECTION 13. That Chapter 41, Title 39, Idaho Code, be, and the same is
45 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
46 ignated as Section 39-4109, Idaho Code, and to read as follows:
47 39-4109. APPLICATION OF CODES. The following codes are hereby adopted for
48 the state of Idaho division of building safety and shall only be applied by
49 local governments as prescribed by section 39-4116, Idaho Code:
8
1 (1) The 2000 International Building Code and appendices thereto pertain-
2 ing to building accessibility, not including the adoption of the incorporated
3 electrical codes, plumbing codes, fire codes or property maintenance codes
4 other than specifically referenced subjects or sections of the International
5 Fire Code, but including the incorporated International Residential Code;
6 International Mechanical Code; International Fuel Gas Code; International
7 Energy Conservation Code; for the 2000 edition of the International Building
8 Code, the requirements pertaining to accessibility for persons with disabili-
9 ties published by the International Code Council in the 2001 supplement to the
10 International Codes and rules promulgated by the board to provide equivalency
11 with the provisions of the Americans with disabilities act accessibility
12 guidelines and the fair housing act accessibility guidelines shall be
13 included;
14 (2) The 2000 International Residential Code as published by the Interna-
15 tional Code Council, except for parts VII and VIII as they pertain to plumbing
16 and electrical requirements;
17 (3) The 2000 International Energy Conservation Code as published by the
18 International Code Council;
19 (4) The 2000 International Mechanical Code as published by the Interna-
20 tional Code Council;
21 (5) The 2000 International Fuel Gas Code as published by the Interna-
22 tional Code Council;
23 (6) The 1997 Uniform Code for Building Conservation as published by the
24 International Conference of Building Officials; and
25 (7) The Safety Code for Elevators and Escalators (ASME/ANSI A17.1) as
26 published by the American Society of Mechanical Engineers and the American
27 National Standards Institute.
28 SECTION 14. That Section 39-4110, Idaho Code, be, and the same is hereby
29 repealed.
30 SECTION 15. That Section 39-4111, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-4111. PERMITS REQUIRED. (1) It shall be unlawful for any person to do,
33 or cause or permit to be done, whether acting as principal, agent or employee,
34 any construction, improvement, extension or alteration of any building, resi-
35 dence or structure, coming under the purview of this chapter the division, in
36 the state of Idaho without first procuring a permit from the appropriate
37 agency division authorizing such work to be done.
38 For the purposes of permit requirements for commercial coaches and modular
39 buildings, a single permit covering all aspects of construction shall be
40 issued by the director.
41 (2) It shall be unlawful for any person to do, or cause or permit to be
42 done, whether acting as principal, agent or employee, any construction,
43 improvement, extension or alteration of any building, residence or structure
44 in a local government jurisdiction enforcing building codes, without first
45 procuring a permit in accordance with the applicable ordinance or ordinances
46 of the local government.
47 SECTION 16. That Section 39-4112, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-4112. MAXIMUM PERMIT FEES TO BE ASSESSED BY THE DIVISION. Building
50 permit fees shall be as established by rules promulgated by the board. Until
9
1 such rules are effective, bBuilding permit fees based on total valuation value
2 of the construction shall not exceed those given in table 3-A, Uniform Build-
3 ing Code, 1985.
4 SECTION 17. That Section 39-4113, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-4113. PLAN CHECKING REVIEWS -- MAXIMUM FEES AND SCHOOL INSPECTIONS.
7 (1) Notwithstanding the provisions of section 302(b), Uniform Building Code,
8 1985, tThe administrator shall establish a program for total plan checking
9 review and permit issue issuance entirely within the division of building
10 safety. Plan review shall be for the provisions of this chapter and chapter
11 10, title 54, Idaho Code, chapter 26, title 54, Idaho Code, and chapter 2,
12 title 41, Idaho Code, pertaining to construction, alteration or repair of
13 buildings or structures within the scope of the division's jurisdiction pursu-
14 ant to this chapter. Plans for schools reviewed by the division shall not
15 include a review for compliance with the provisions of chapter 2, title 41,
16 Idaho Code.
17 (2) Plan review fees shall be as required established by rules promul-
18 gated by the board. Until such rules are effective, plan review fees shall not
19 exceed those specified by section 304(c), Uniform Building Code, 1985 edition.
20 (3) Each manufacturer of commercial coaches and modular buildings shall
21 submit the building plans for every model of such structure to the administra-
22 tor for the purpose of review. The manufacturer must certify that each such
23 building plan meets the appropriate construction and safety standards in force
24 at that time before the model involved is produced.
25 (4) Each school district shall submit to the division of building safety
26 a three (3) sets of working drawings and specifications for new school build-
27 ings or facilities and additions or alterations to existing buildings which
28 are estimated to cost or facilities wherein the proposed work is valued in
29 excess of twenty-five thousand dollars ($25,000). The division will review the
30 plans for compliance with the current editions of the codes specified in this
31 chapter or within rules promulgated pursuant to this chapter by the board and
32 by section 39-8006, Idaho Code. These plans must be approved before the school
33 district may advertise for bids. Once plans are reviewed and approved by the
34 division of building safety pursuant to this section, no material change can
35 be made to such plans without review and approval of such change by the divi-
36 sion of building safety. To assure that building inspections are conducted
37 statewide for aAll school construction or remodeling governed by this chapter,
38 building inspections shall be performed inspected by Idaho certified building
39 inspectors certified in accordance with section 39-4108, Idaho Code, or by
40 Idaho licensed architects or engineers either employed by or contracted to
41 local jurisdictions to determine compliance with this chapter and the Idaho
42 uniform school building safety act, chapter 80, title 39, Idaho Code. Nothing
43 in this section shall limit the authority of local governments to issue per-
44 mits, review plans and provide a full range of building code enforcement
45 activities as they relate to school buildings or facilities within their
46 jurisdiction.
47 SECTION 18. That Section 39-4114, Idaho Code, be, and the same is hereby
48 repealed.
49 SECTION 19. That Section 39-4115, Idaho Code, be, and the same is hereby
50 amended to read as follows:
10
1 39-4115. PERSONNEL. The department division shall employ a bureau chief,
2 who shall in addition to his other duties, function as the executive director
3 of the board, and such other personnel as necessary to effect enforcement of
4 the codes herein enumerated or otherwise prescribed by rules promulgated by
5 the board pursuant to this chapter. All such employees, except the bureau
6 chief, shall be classified as prescribed in chapter 53, title 67, Idaho Code.
7 SECTION 20. That Section 39-4116, Idaho Code, be, and the same is hereby
8 repealed.
9 SECTION 21. That Chapter 41, Title 39, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 39-4116, Idaho Code, and to read as follows:
12 39-4116. LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
13 Local governments enforcing building codes shall do so only in compliance with
14 the provisions of this section. Local governments that have not previously
15 instituted and implemented a code enforcement program prior to the effective
16 date of this act may elect to implement a building code enforcement program by
17 passing an ordinance evidencing the intent to do so. Local governments may
18 contract with a public or private entity to administer their building code
19 enforcement program.
20 (2) By January 1, 2003, local governments that issue building permits and
21 perform building code enforcement activities shall, by ordinance, adopt the
22 following codes as published by the International Code Council and as adopted
23 by the state or by the Idaho building code board:
24 (a) International Building Code, including all rules promulgated by the
25 board to provide equivalency with the provisions of the americans with
26 disabilities act accessibility guidelines and the federal fair housing act
27 accessibility guidelines;
28 (b) International Residential Code, parts I-IV and IX; and
29 (c) International Energy Conservation Code.
30 Local governments are not required by this chapter to adopt the other refer-
31 enced codes in the International Building Code.
32 (3) Local governments may amend by ordinance the adopted codes or provi-
33 sions of referenced codes to reflect local concerns, provided such amendments
34 establish at least an equivalent level of protection to that of the adopted
35 building code. A local jurisdiction shall not have the authority to amend any
36 accessibility provision pursuant to section 39-4109, Idaho Code. Previously
37 adopted local amendments to a superseded version of a building code shall
38 remain in full force and effect for a period not to exceed one (1) year after
39 the effective date of adoption of a new version of the building code, provided
40 that such amendments do not conflict with provisions of the newly adopted
41 building code.
42 (4) Local governments may exempt agricultural buildings from the require-
43 ments of the codes enumerated in this chapter and the rules promulgated by the
44 board.
45 (5) Permits shall be governed by the laws in effect at the time the per-
46 mit application is received.
47 (6) The division shall retain jurisdiction for in-plant inspections and
48 installation standards for manufactured or mobile homes and for in-plant
49 inspections and enforcement of construction standards for modular buildings
50 and commercial coaches.
51 SECTION 22. That Sections 39-4116A and 39-4117, Idaho Code, be, and the
11
1 same are hereby repealed.
2 SECTION 23. That Section 39-4120, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-4120. APPEALS TO BOARD -- JUDICIAL REVIEW. The board shall, within
5 twenty (20) days after receipt of notice for an appeal, hear such appeals
6 brought before it by persons affected by any code, rule, regulation or deci-
7 sion pursuant to this act applicable to buildings within the jurisdiction of
8 the division. Such proceedings shall be governed by the provisions of chapter
9 52, title 67, Idaho Code. Final decisions of the board, other than code inter-
10 pretations, are subject to judicial review in accordance with the provisions
11 of chapter 52, title 67, Idaho Code.
12 SECTION 24. That Section 39-4121, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-4121. MODULAR BUILDINGS -- INSIGNIA OF APPROVAL -- INSTALLATION --
15 MODIFICATION. (1) No modular building shall be installed on a building site in
16 this state on or after July 1, 1975, unless it is approved and bears the
17 insignia of approval of the department division.
18 (2) Any modular building bearing an insignia of approval of the depart-
19 ment division shall be deemed to comply with codes, laws, or regulations rules
20 enacted by the state of Idaho which govern the manufacturing manufacture and
21 construction of such building.
22 (3) No modular building which has been approved by the department divi-
23 sion shall be in any way modified prior to or during installation by a manu-
24 facturer or installer its initial occupancy unless approval of that modifica-
25 tion is first made by the department division.
26 SECTION 25. That Section 39-4122, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-4122. COMMERCIAL COACHES -- ISSUANCE OF INSIGNIA -- COST. The director
29 administrator shall issue insignia for commercial coaches which meet the
30 requirements of the standards, adopted codes, laws and rules and regulations
31 promulgated by the director board pursuant to this act chapter. The cost of
32 the insignia, if issued, shall be included as a part of the fee schedule.
33 SECTION 26. That Section 39-4124, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-4124. "IDAHO BUILDING CODE FUND" ESTABLISHED. All money received by
36 the department division under the terms and provisions of this act chapter
37 shall be paid into the state treasury, and shall be, by the state treasurer,
38 placed to the credit of the general fund in an account to be known as the
39 "Idaho building code fund," and all such moneys, hereafter placed in said
40 fund, are hereby set aside and appropriated to the department division to
41 carry into effect the provisions of this act chapter.
42 SECTION 27. That Section 39-4125, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-4125. INJUNCTION -- AFFIDAVIT SETTING OUT NONCONFORMITY. The depart-
45 ment division may obtain from a district court having jurisdiction, a tempo-
12
1 rary injunction enjoining the construction of a building(s) or installation of
2 modular buildings on any building site upon affidavit of the department divi-
3 sion that such building does not conform to the requirements of this chapter
4 or to the rules and regulations adopted pursuant to this chapter or any other
5 chapter of the state of Idaho Code relating to the building construction. The
6 affidavit must set forth such violations in detail. The injunction may be made
7 permanent, in the discretion of the court.
8 SECTION 28. That Section 39-4126, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-4126. VIOLATIONS MISDEMEANORS. (1) Any person who wilfully willfully
11 violates any provision of this chapter or who wilfully willfully violates any
12 provisions of the codes enumerated in this chapter or rules promulgated by the
13 director administrator or the board pursuant to this chapter, is guilty of a
14 misdemeanor, and upon conviction, shall be fined not more than three hundred
15 dollars ($300), or imprisoned for not more than ninety (90) days or by both
16 fine and imprisonment. Violations of this chapter shall be tried in any court
17 of competent jurisdiction within the state of Idaho.
18 (2) A separate violation is deemed to have occurred with respect to each
19 building not in compliance with this chapter. Each day such violation contin-
20 ues constitutes a separate offense.
21 (3) The misdemeanor provisions of subsections (1) and (2) of this section
22 shall not apply to manufactured homes. Violations of manufactured home con-
23 struction and safety standards shall be tried in any court of competent juris-
24 diction.
25 SECTION 29. That Section 39-4127, Idaho Code, be, and the same is hereby
26 repealed.
27 SECTION 30. That Section 39-4128, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-4128. RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the director
30 administrator determines that standards for modular buildings and commercial
31 coaches which have been adopted by the statutes or regulations rules of
32 another state are at least equal to the standards adopted by the director
33 administrator, the director administrator may so provide by regulation rule.
34 (2) If the director administrator determines that standards for modular
35 buildings and commercial coaches have not been adopted by another state, and
36 modular buildings and commercial coaches from that state are transported into
37 this state to be offered for sale, the director administrator may certify per-
38 sonnel to inspect such modular buildings or commercial coaches. If the direc-
39 tor administrator shall then determine that said units meet the standards of
40 this state, the product shall be acceptable and the director administrator may
41 issue insignia for said modular building or commercial coach.
42 SECTION 31. That Sections 39-4130 and 39-4131, Idaho Code, be, and the
43 same are hereby repealed.
44 SECTION 32. That Chapter 23, Title 44, Idaho Code, be, and the same is
45 hereby repealed.
46 SECTION 33. That Section 44-2101A, Idaho Code, be, and the same is hereby
47 amended to read as follows:
13
1 44-2101A. DEFINITIONS. As used in this chapter:
2 (1) "Administrator" means the administrator of the division of building
3 safety of the state of Idaho.
4 (2) "Manufactured home" means a structure as defined in section
5 39-4105(13), Idaho Code.
6 (3) "Manufactured home broker" means any person engaged in the business
7 of selling or exchanging used units only, or who buys, sells, lists or
8 exchanges three (3) or more used units in any one (1) calendar year, except as
9 otherwise provided in this chapter.
10 (4) "Manufactured home dealer" means any person engaged in the business
11 of selling or exchanging new and used units, or who buys, sells, lists or
12 exchanges three (3) or more new and used units in any one (1) calendar year,
13 except as otherwise provided in this chapter.
14 (5) "Manufactured home salesman" means any person employed by a manufac-
15 tured home dealer or broker for a salary, commission or compensation of any
16 kind to sell, list, purchase or exchange or to negotiate for the sale, list-
17 ing, purchase or exchange of units, except as otherwise provided in this chap-
18 ter.
19 (6) "Manufactured home service company" includes "manufactured home
20 installer" and means any person other than a manufactured home dealer who pro-
21 vides service, setup, or both, of manufactured or mobile homes.
22 (7) "Manufacturer" means any person engaged in the business of manufac-
23 turing manufactured homes that are offered for sale, lease or exchange in the
24 state of Idaho.
25 (8) "Mobile home" means a structure similar to a manufactured home, but
26 built to a state mobile home code which existed prior to the Federal Manufac-
27 tured Housing and Safety Standards Act (HUD Code).
28 (9) "Person" means a natural person, corporation, partnership, trust,
29 society, club, association, or other organization.
30 (10) "Principal place of business" means an enclosed structure accessible
31 and open to the public, at which the business is lawfully conducted in accor-
32 dance with the terms of all applicable building codes, zoning and other land
33 use regulatory ordinances, in which building the public may contact the
34 dealer, broker or salesman, and at which place shall be kept and maintained
35 the books, records and files necessary to conduct the business. There shall be
36 displayed on the exterior a sign permanently affixed to the land or building
37 with letters clearly visible to the major avenue of traffic.
38 (11) "Responsible managing employee" means the person designated by the
39 employer to supervise other employees, either personally or through others.
40 (12) "Unit" means a mobile or manufactured home.
41 SECTION 34. That Section 56-701A, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 56-701A. DEFINITIONS. As used in this chapter and chapter 58, title 18,
44 Idaho Code:
45 (1) "Assistance device" means a cane or walking stick, predominantly white
46 or metallic in color, with or without red tip, or a manual or motorized
47 wheelchair or similar scooter, or other similar devices that enhance the
48 safety or mobility of a disabled person.
49 (2) "Assistance dog" means a dog that has been trained as a guide dog for
50 a blind or visually impaired person, a hearing dog for a hearing impaired per-
51 son, or a service dog for a physically disabled person.
52 (3) "Disabled person" means a hearing, visually or physically impaired
53 person.
14
1 (4) "Dog-in-training" means a dog being specifically trained to develop
2 social, environmental and other skills needed for admission to a training
3 school or other program for assistance dogs. Dogs-in-training shall wear a
4 jacket, collar, scarf or other similar article identifying it as a dog-in-
5 training.
6 (5) "Guide dog" means a dog that has been specially trained to aid a par-
7 ticular blind or visually impaired person.
8 (6) "Hearing dog" means a dog that has been specially trained to aid a
9 particular hearing impaired person.
10 (7) "Hearing impaired person" means a person who has a hearing impairment
11 manifested by a speech discrimination score of forty percent (40%) or more in
12 the better ear with appropriate correction as certified by a licensed
13 otologist, licensed audiologist, or the Idaho division of vocational rehabili-
14 tation.
15 (8) "Physically impaired person" means any person with any substantial
16 physical disability which prevents normal participation in community or life
17 activities as are available and participated in by persons with no such
18 afflictions or conditions of the same age and sex.
19 (9) "Service dog" means a dog that has been specially trained to aid a
20 particular physically disabled person with a physical disability other than
21 sight or hearing impairment.
22 (10) "Visually impaired person" or "visually handicapped person" means any
23 person who meets the definition provided in section 39-3202(3), Idaho Code is
24 blind, totally blind, partially blind or otherwise visually handicapped mean-
25 ing such person has central visual acuity not exceeding 20/200 in the better
26 eye, with corrected lenses, as measured by the Snellen test, or visual acuity
27 greater than 20/200, but with a limitation in the field of vision such that
28 the widest diameter of the visual field subtends an angle not greater than
29 twenty (20) degrees.
30 SECTION 35. That Section 63-2401, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 63-2401. DEFINITIONS. In this chapter:
33 (1) "Aircraft engine fuel" means:
34 (a) Aviation gasoline, defined as any mixture of volatile hydrocarbons
35 used in aircraft reciprocating engines; and
36 (b) Jet fuel, defined as any mixture of volatile hydrocarbons used in
37 aircraft turbojet and turboprop engines.
38 (2) "Bond" means:
39 (a) A surety bond, in an amount required by this chapter, duly executed
40 by a surety company licensed and authorized to do business in this state
41 conditioned upon faithful performance of all requirements of this chapter,
42 including the payment of all taxes, penalties and other obligations aris-
43 ing out of the provisions of this chapter; or
44 (b) A deposit with the commission by any person required to be licensed
45 pursuant to this chapter under terms and conditions as the commission may
46 prescribe, of a like amount of lawful money of the United States or bonds
47 or other obligations of the United States, the state of Idaho, or any
48 county of the state; or
49 (c) An irrevocable letter of credit issued to the commission by a bank
50 doing business in this state payable to the state upon failure of the per-
51 son on whose behalf it is issued to remit any payment due under the provi-
52 sions of this chapter.
53 (3) "Commercial motor boat" means any boat, equipped with a motor, which
15
1 is wholly or partly used in a profit-making enterprise or in an enterprise
2 conducted with the intent of making a profit.
3 (4) "Commission" means the state tax commission of the state of Idaho.
4 (5) "Distributor" means any person who receives gasoline, special fuels,
5 and/or aircraft fuel in this state, and includes a special fuels dealer. Any
6 person who sells or receives gaseous fuels will not be considered a distribu-
7 tor unless the gaseous fuel is delivered into the fuel supply tank or tanks of
8 a motor vehicle not then owned or controlled by him.
9 (6) "Dyed fuel" means diesel fuel that is dyed pursuant to requirements
10 of the internal revenue service, or the environmental protection agency.
11 (7) "Exported" means delivered by truck or rail across the boundaries of
12 this state by or for the seller or purchaser from a place of origin in this
13 state.
14 (8) "Gasohol" means gasoline containing a mixture of no more than ten
15 percent (10%) blend anhydrous ethanol.
16 (9) "Gasoline" means any mixture of volatile hydrocarbons suitable as a
17 fuel for the propulsion of motor vehicles or motor boats. "Gasoline" also
18 means aircraft engine fuels when used for the operation or propulsion of motor
19 vehicles or motor boats and includes gasohol, but does not include special
20 fuels.
21 (10) "Highways" means every place of whatever nature open to the use of
22 the public as a matter of right for the purpose of vehicular travel which is
23 maintained by the state of Idaho or an agency or taxing subdivision or unit
24 thereof or the federal government or an agency or instrumentality thereof.
25 Provided, however, if the cost of maintaining a roadway is primarily borne by
26 a special fuels user who operates motor vehicles on that roadway pursuant to a
27 written contract during any period of time that a special fuels tax liability
28 accrues to the user, such a roadway shall not be considered a "highway" for
29 any purpose related to calculating that user's special fuel's tax liability or
30 refund.
31 (11) "Imported" means delivered by truck or rail across the boundaries of
32 this state by or for the seller or purchaser from a place of origin outside
33 this state.
34 (12) "International fuel tax agreement" and "IFTA" mean the international
35 fuel tax agreement required by the intermodal surface transportation effi-
36 ciency act of 1991, Public Law 102-240, 105 Stat. 1914, including subsequent
37 amendments to that agreement.
38 (13) "Jurisdiction" means a state of the United States, the District of
39 Columbia, or a province or territory of Canada.
40 (14) "Licensed distributor" means any distributor who has obtained a
41 license under the provisions of section 63-2427A, Idaho Code.
42 (15) "Motor fuel" means gasoline, special fuels, aircraft engine fuels or
43 any other fuels suitable for the operation or propulsion of motor vehicles,
44 motor boats or aircraft.
45 (16) "Motor vehicle" means every self-propelled vehicle designed for oper-
46 ation, or required to be licensed for operation, upon a highway.
47 (17) "Person" means any individual, firm, fiduciary, copartnership, asso-
48 ciation, corporation, governmental instrumentality including the state and all
49 of its agencies and political subdivisions, or any other group or combination
50 acting as a unit, and the plural as well as the singular number, unless the
51 intent to give a more limited meaning is disclosed by the context. Whenever
52 used in any clause prescribing and imposing a fine or imprisonment, or both,
53 the term "person" as applied to an association means the partners or members,
54 and as applied to corporations, the officers.
55 (18) "Recreational vehicle" means a snowmobile as defined in section
16
1 67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in section
2 49-114, Idaho Code; and any vehicular type unit either as an integral part of,
3 or required for the movement of, units recreational vehicle as defined in sec-
4 tion 39-4105(15) 49-119, Idaho Code.
5 (19) "Retail dealer" means any person engaged in the retail sale of motor
6 fuels to the public or for use in the state.
7 (20) "Special fuels" means:
8 (a) All fuel suitable as fuel for diesel engines;
9 (b) A compressed or liquified gas obtained as a byproduct in petroleum
10 refining or natural gasoline manufacture, such as butane, isobutane, pro-
11 pane, propylene, butylenes, and their mixtures; and
12 (c) Natural gas, either liquid or gas, and hydrogen, used for the genera-
13 tion of power for the operation or propulsion of motor vehicles.
14 (21) "Special fuels dealer" means "distributor" under subsection (5) of
15 this section.
16 (22) "Special fuels user" means any person who uses or consumes special
17 fuels for the operation or propulsion of motor vehicles owned or controlled by
18 him upon the highways of this state.
19 (23) "Use" means either:
20 (a) The receipt, delivery or placing of fuels by a licensed distributor
21 or a special fuels dealer into the fuel supply tank or tanks of any motor
22 vehicle not owned or controlled by him while the vehicle is within this
23 state; or
24 (b) The consumption of fuels in the operation or propulsion of a motor
25 vehicle on the highways of this state.
26 SECTION 36. That Section 67-6509A, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-6509A. SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE
29 AMENDED. (1) By resolution or ordinance adopted, amended or repealed in accor-
30 dance with the notice and hearing procedures provided under section 67-6509,
31 Idaho Code, each governing board shall amend its comprehensive plan and land
32 use regulations for all land zoned for single-family residential uses, except
33 for lands falling within an area defined as a historic district under section
34 67-4607, Idaho Code, to allow for siting of manufactured homes as defined in
35 section 39-4105(13), Idaho Code.
36 (2) Manufactured homes on individual lots zoned for single-family resi-
37 dential uses as provided in subsection (1) of this section shall be in addi-
38 tion to manufactured homes on lots within designated mobile home parks or man-
39 ufactured home subdivisions.
40 (3) This section shall not be construed as abrogating a recorded restric-
41 tive covenant.
42 (4) A governing board may adopt any or all of the following placement
43 standards, or any less restrictive standards, for the approval of manufactured
44 homes located outside mobile home parks:
45 (a) The manufactured home shall be multisectional and enclose a space of
46 not less than one thousand (1,000) square feet;
47 (b) The manufactured home shall be placed on an excavated and backfilled
48 foundation and enclosed at the perimeter such that the home is located not
49 more than twelve (12) inches above grade;
50 (c) The manufactured home shall have a pitched roof, except that no stan-
51 dards shall require a slope of greater than a nominal three (3) feet in
52 height for each twelve (12) feet in width;
53 (d) The manufactured home shall have exterior siding and roofing which in
17
1 color, material and appearance is similar to the exterior siding and
2 roofing material commonly used on residential dwellings within the commu-
3 nity or which is comparable to the predominant materials used on surround-
4 ing dwellings as determined by the local permit approval authority;
5 (e) The manufactured home shall have a garage or carport constructed of
6 like materials if zoning ordinances would require a newly constructed
7 nonmanufactured home to have a garage or carport;
8 (f) In addition to the provisions of paragraphs (a) through (e) of this
9 subsection, a city or county may subject a manufactured home and the lot
10 upon which it is sited to any development standard, architectural require-
11 ment and minimum size requirements to which a conventional single-family
12 residential dwelling on the same lot would be subjected.
13 (5) Any approval standards, special conditions and the procedures for
14 approval adopted by a local government shall be clear and objective and shall
15 not have the effect, either in themselves or cumulatively, of discouraging
16 needed housing through unreasonable cost or delay.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Lodge
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 586
1 AMENDMENTS TO SECTION 21
2 On page 10 of the printed bill, in line 42, delete "may" and insert:
3 "shall"; and in line 44, following "board." insert: "A county may issue per-
4 mits for farm buildings to assure compliance with road setbacks and utility
5 easements, provided that the cost for such permits shall not exceed the actual
6 cost to the county of issuing the permits.".
Moved by Brandt
Seconded by Barrutia
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 586
7 AMENDMENT TO SECTION 6
8 On page 3 of the printed bill, delete lines 43 and 44, and insert: "state.
9 Local governments that adopt building codes, in their discretion, shall
10 enforce all or a portion of the provisions of this chapter that govern appli-
11 cation by local governments.".
12 CORRECTION TO TITLE
13 On page 1, delete line 9, and insert: "TO THE STATE AND THAT LOCAL GOVERN-
14 MENTS THAT ADOPT BUILDING CODES, IN THEIR DISCRETION, SHALL ENFORCE ALL OR A
15 PORTION OF THE PROVISIONS OF CHAPTER 41, TITLE 39, IDAHO CODE, THAT GOVERN
16 APPLICATION BY LOCAL GOVERNMENTS; AMENDING".
Moved by Davis
Seconded by Andreason
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 586
17 AMENDMENTS TO SECTION 13
18 On page 8 of the printed bill, delete lines 19 through 22 and insert:
19 "(4) The latest edition of the Uniform Mechanical Code, published by the
20 International Conference of Building Officials;"
21 in line 23, delete "(6)" and insert: "(5)"; and in line 25, delete "(7)" and
22 insert: "(6)".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 586, As Amended in the Senate
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO BUILDING SAFETY; REPEALING CHAPTER 32, TITLE 39, IDAHO CODE;
3 AMENDING THE HEADING FOR CHAPTER 41, TITLE 39, IDAHO CODE; AMENDING SEC-
4 TION 39-4101, IDAHO CODE, TO REVISE LEGISLATIVE FINDING AND INTENT; AMEND-
5 ING SECTION 39-4102, IDAHO CODE, TO REVISE CHAPTER TITLE AND TO MAKE A
6 TECHNICAL CORRECTION; AMENDING SECTION 39-4103, IDAHO CODE, TO REVISE THE
7 SCOPE OF THE CHAPTER AND EXEMPTIONS FROM APPLICATION OF THE CHAPTER;
8 AMENDING SECTION 39-4104, IDAHO CODE, TO PROVIDE THAT THE CHAPTER APPLIES
9 TO THE STATE AND THAT LOCAL GOVERNMENTS THAT ADOPT BUILDING CODES, IN
10 THEIR DISCRETION, SHALL ENFORCE ALL OR A PORTION OF THE PROVISIONS OF
11 CHAPTER 41, TITLE 39, IDAHO CODE, THAT GOVERN APPLICATION BY LOCAL GOVERN-
12 MENTS; AMENDING SECTION 39-4105, IDAHO CODE, TO REVISE DEFINITIONS; AMEND-
13 ING SECTION 39-4106, IDAHO CODE, TO REVISE THE NAME AND AUTHORITY OF THE
14 IDAHO BUILDING CODE BOARD, TO REVISE TERMS OF MEMBERS AND MEETING REQUIRE-
15 MENTS FOR THE BOARD, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNI-
16 CAL CORRECTION; AMENDING SECTION 39-4107, IDAHO CODE, TO REVISE POWERS AND
17 DUTIES OF THE BOARD; REPEALING SECTION 39-4108, IDAHO CODE; AMENDING CHAP-
18 TER 41, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-4108,
19 IDAHO CODE, TO PROVIDE FOR CERTIFICATION OF BUILDING INSPECTORS; REPEALING
20 SECTION 39-4109, IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY
21 THE ADDITION OF A NEW SECTION 39-4109, IDAHO CODE, TO PROVIDE FOR APPLICA-
22 TION OF BUILDING SAFETY CODES; REPEALING SECTION 39-4110, IDAHO CODE;
23 AMENDING SECTION 39-4111, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
24 REMOVE LANGUAGE REFERENCING PERMIT REQUIREMENTS FOR COMMERCIAL COACHES AND
25 MODULAR BUILDINGS AND TO PROHIBIT PERSONS FROM CONSTRUCTING, IMPROVING,
26 EXTENDING OR ALTERING BUILDINGS, RESIDENCES OR STRUCTURES IN CERTAIN LOCAL
27 GOVERNMENT JURISDICTIONS WITHOUT FIRST PROCURING APPLICABLE PERMITS;
28 AMENDING SECTION 39-4112, IDAHO CODE, TO REVISE MAXIMUM PERMIT FEES;
29 AMENDING SECTION 39-4113, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
30 REVISE PROVISIONS RELATING TO PLAN REVIEWS, TO PROVIDE FOR LIMITED REVIEW
31 OF SCHOOL PLANS, TO REVISE PLAN REVIEW FEES, TO REMOVE LANGUAGE REQUIRING
32 MANUFACTURERS TO CERTIFY BUILDING PLANS, TO REVISE REVIEW AND INSPECTION
33 REQUIREMENTS FOR SCHOOL DISTRICT BUILDINGS AND FACILITIES, TO ADD REFER-
34 ENCES TO SCHOOL FACILITIES AND TO PROVIDE THAT THE CHAPTER SHALL NOT LIMIT
35 LOCAL GOVERNMENTS IN ISSUING PERMITS, REVIEWING PLANS AND PROVIDING BUILD-
36 ING CODE ENFORCEMENT ACTIVITIES RELATED TO SCHOOL BUILDINGS AND FACILITIES
37 WITHIN THEIR JURISDICTION; REPEALING SECTION 39-4114, IDAHO CODE; AMENDING
38 SECTION 39-4115, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE
39 PROVISIONS RELATING TO DIVISION PERSONNEL; REPEALING SECTION 39-4116,
40 IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY THE ADDITION OF
41 A NEW SECTION 39-4116, IDAHO CODE, TO PROVIDE FOR LOCAL GOVERNMENT ADOP-
42 TION AND ENFORCEMENT OF BUILDING CODES; REPEALING SECTIONS 39-4116A AND
43 39-4117, IDAHO CODE; AMENDING SECTION 39-4120, IDAHO CODE, TO CLARIFY PER-
44 MISSIBLE GROUNDS FOR APPEALS TO THE BOARD; AMENDING SECTION 39-4121, IDAHO
45 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE THAT NO MODULAR BUILD-
46 ING WHICH HAS BEEN APPROVED BY THE DIVISION SHALL BE MODIFIED PRIOR TO ITS
2
1 INITIAL OCCUPANCY UNLESS APPROVAL OF SUCH MODIFICATION IS FIRST MADE BY
2 THE DIVISION; AMENDING SECTION 39-4122, IDAHO CODE, TO PROVIDE CORRECT
3 TERMINOLOGY AND TO PROVIDE REFERENCE TO THE ADOPTED CODES, LAWS AND RULES
4 PROMULGATED BY THE BOARD; AMENDING SECTION 39-4124, IDAHO CODE, TO PROVIDE
5 CORRECT TERMINOLOGY; AMENDING SECTION 39-4125, IDAHO CODE, TO PROVIDE COR-
6 RECT TERMINOLOGY AND TO REMOVE REFERENCE TO REGULATIONS; AMENDING SECTION
7 39-4126, IDAHO CODE, TO PROHIBIT PERSONS FROM WILLFULLY VIOLATING RULES
8 PROMULGATED BY THE ADMINISTRATOR OR THE BOARD AND TO MAKE TECHNICAL COR-
9 RECTIONS; REPEALING SECTION 39-4127, IDAHO CODE; AMENDING SECTION 39-4128,
10 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; REPEALING SECTIONS 39-4130 AND
11 39-4131, IDAHO CODE; REPEALING CHAPTER 23, TITLE 44, IDAHO CODE; AMENDING
12 SECTION 44-2101A, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION
13 56-701A, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO FURTHER DEFINE A
14 TERM; AMENDING SECTION 63-2401, IDAHO CODE, TO FURTHER DEFINE A TERM AND
15 TO REVISE A CODE REFERENCE; AND AMENDING SECTION 67-6509A, IDAHO CODE, TO
16 REVISE A CODE REFERENCE.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Chapter 32, Title 39, Idaho Code, be, and the same is
19 hereby repealed.
20 SECTION 2. That the Heading for Chapter 41, Title 39, Idaho Code, be, and
21 the same is hereby amended to read as follows:
22 CHAPTER 41
23 IDAHO BUILDING CODE ADVISORY ACT
24 SECTION 3. That Section 39-4101, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes
27 and uniformity in procedures for enforcing building safety codes throughout
28 the nation and state are matters of nationwide and statewide concern and
29 interest, in that uniformity would enhance elimination of obsolete, restrict-
30 ing, conflicting, duplicating and unnecessary regulations and requirements
31 which could unnecessarily increase construction costs or retard the use of new
32 materials and methods of installation or provide unwarranted preferential
33 treatment to types or classes of materials or products or methods of construc-
34 tion.
35 The legislature also finds that the factory production of housing and
36 other buildings presents unique problems with respect to uniformity of codes
37 and inspections throughout this state and nation.
38 (2) It is the intent of the legislature to:
39 (a) Promote the health, safety and welfare of the occupants or users of
40 buildings and structures and the general public subject to this chapter;
41 (b) Require minimum performance standards and requirements for construc-
42 tion and construction materials, consistent with accepted standards of
43 engineering, fire safety, life safety and accessibility for those with
44 disabilities;
45 (c) Require Establish, for jurisdictions enforcing building codes pursu-
46 ant to this chapter, minimum standards and requirements in terms of per-
47 formance, energy efficiency, effect upon construction costs and consis-
48 tency with nationally accepted standards;
49 (d) Permit the use of modern technical methods, devices and improvements;
3
1 and
2 (e) Provide for a uniform interpretation of the building and safety codes
3 for the state of Idaho Clarify and establish roles of the various juris-
4 dictions subject to this chapter.
5 SECTION 4. That Section 39-4102, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-4102. SHORT TITLE. This act chapter shall be known as "The Idaho
8 Building Code Advisory Act." of 1975."
9 SECTION 5. That Section 39-4103, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-4103. SCOPE -- EXEMPTIONS. (1) The provisions of this chapter shall
12 apply to all buildings and construction within the state of Idaho, except as
13 otherwise provided in This chapter authorizes the state division of building
14 safety and local governments to adopt and enforce building codes pursuant to
15 the provisions of this chapter. All buildings owned by any state government
16 agency or entity, or which are constructed or renovated specifically for use
17 or occupancy by any such state agency or entity, shall conform to the codes
18 adopted in this chapter. The following is exempt from the provisions of this
19 chapter:
20 (2) Structures Equipment used primarily for industrial chemical process
21 purposes and for mineral extraction and mineral processing purposes. shall be
22 exempt from this chapter except for This exemption shall not include the erec-
23 tion and fabrication of new structures, boilers, pressure vessels and other
24 equipment as required to condition the building for personnel comfort and
25 safety. Equipment in this regard shall mean and shall be limited to facilities
26 or installations for heating, ventilating, air conditioning, refrigerating
27 facilities associated with air conditioning equipment, elevators, dumbwaiters,
28 escalators, and boilers and pressure vessels associated with building heating
29 systems.
30 (3) Temporary facilities, as defined in section 39-4105(16), Idaho Code,
31 shall be exempt from the provisions of this chapter, except for temporary
32 facilities which are classified as a modular building under the provisions of
33 section 39-4121, Idaho Code, and/or a commercial coach under the provisions of
34 section 39-4122, Idaho Code.
35 (4) Farms, as defined in section 39-4105(19), Idaho Code, shall be exempt
36 from the provisions of this chapter except for any structure which is classi-
37 fied as a modular building under the provisions of section 39-4121, Idaho
38 Code, and/or a commercial coach under the provisions of section 39-4122, Idaho
39 Code, or a manufactured home under the provisions of chapter 40, title 39,
40 Idaho Code.
41 SECTION 6. That Section 39-4104, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-4104. ENFORCEMENT OF LAW. The administrator of the division of build-
44 ing safety shall enforce the provisions of this act chapter that apply to the
45 state. Local governments that adopt building codes, in their discretion, shall
46 enforce all or a portion of the provisions of this chapter that govern appli-
47 cation by local governments.
48 SECTION 7. That Section 39-4105, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 39-4105. DEFINITIONS. As used in this chapter, the terms defined in this
3 section shall have the following meanings, unless the context clearly indi-
4 cates another meaning. Where terms are not defined in this chapter and are
5 defined in the currently adopted International Building Code published by the
6 International Code Council, such terms shall have the meanings ascribed to
7 them in that code:
8 (1) "Administrator" means the administrator of the division of building
9 safety for the state of Idaho.
10 (2) "Board" means the Idaho building code advisory board, herein created.
11 (3) "Person" means a natural person, corporation, partnership, trust,
12 society, club, association, or other organization "Building inspector" means a
13 person who inspects buildings or structures for compliance with the provisions
14 of this chapter.
15 (4) "Building" means a combination of materials, whether portable or
16 fixed, which comprises a structure affording facilities or shelter for any use
17 or occupancy, and shall include a part or parts thereof and all equipment
18 therein normally a part of the structure "Closed construction" means any manu-
19 factured building or building component which may enclose factory installed
20 structural, mechanical, electrical or plumbing systems and is not open for
21 visual inspection at the building site.
22 (5) "Commercial coach" means a modular building equipped with the neces-
23 sary service connections and made so as to be readily movable as a unit on its
24 own running gear and originally designated to be used without a permanent
25 foundation.
26 (6) "Construction" means the erection, fabrication, reconstruction, demo-
27 lition, alteration, conversion, or repair of a building, (other than in-kind),
28 or the installation of equipment therein normally a part of the structure.
29 (67) "Equipment" means facilities or installations including, but not
30 limited to, heating, ventilating, air conditioning, and refrigerating facili-
31 ties or installations, and elevators, dumbwaiters, escalators, boilers and
32 pressure vessels and ski lifts, but not including telecommunications facili-
33 ties "Division" means the state of Idaho division of building safety.
34 (78) "Local inspection agency" means the agency or agencies of local gov-
35 ernment with authority to make inspections of buildings and to enforce the
36 codes, laws and rules of the state of Idaho which establish standards and
37 requirements applicable to the construction, alteration, repair, or demolition
38 of buildings "International Fire Code" means the International Fire Code as
39 published by the International Code Council.
40 (89) "Local government" means any city or county of this state.
41 (10) "Manufactured home" means a structure, constructed after June 15,
42 1976, in accordance with the HUD manufactured home construction and safety
43 standards, and is transportable in one (1) or more sections, which, in the
44 traveling mode, is eight (8) body feet or more in width or is forty (40) body
45 feet or more in length, or when erected on site, is three hundred twenty (320)
46 or more square feet, and which is built on a permanent chassis and designed to
47 be used as a dwelling with or without a permanent foundation when connected to
48 the required utilities, and includes the plumbing, heating, air conditioning,
49 and electrical systems contained therein, except that such term shall include
50 any structure which meets all the requirements of this paragraph except the
51 size requirements and with respect to which the manufacturer voluntarily files
52 a certification required by the secretary of housing and urban development and
53 complies with the standards established under 42 U.S.C. section 5401 et seq.
54 (11) "Mobile home" means a factory-assembled structure or structures gen-
5
1 erally constructed prior to June 15, 1976, and equipped with the necessary
2 service connections and made so as to be readily movable as a unit or units on
3 their own running gear and designed to be used as a dwelling unit or units
4 with or without a permanent foundation.
5 (912) "Modular building" means any building or building component, other
6 than a manufactured or mobile home, which is constructed according to codes
7 and standards contained in the Uniform Building Code, as adopted or any amend-
8 ments thereto adopted by the division of building safety, which is of closed
9 construction and is either entirely or substantially prefabricated or assem-
10 bled at a place other than the building site.
11 (10) "Building site" means any lot, tract, parcel, or subdivision of land,
12 either public or private, upon which a building is placed or is to be placed.
13 (11) "Closed construction" means any manufactured building or building
14 component which may enclose factory installed structural, mechanical, electri-
15 cal or plumbing systems and is not open for visual inspection at the building
16 site.
17 (12) "Commercial coach" means a modular building equipped with the neces-
18 sary service connections and made so as to be readily movable as a unit on its
19 own running gear and originally designated to be used without a permanent
20 foundation.
21 (13) "Manufactured home" (formerly mobile home) means a structure, con-
22 structed according to HUD/FHA mobile home construction and safety standards,
23 transportable in one or more sections, which, in the traveling mode, is eight
24 (8) body feet or more in width or is forty (40) body feet or more in length,
25 or when erected on site, is three hundred twenty (320) or more square feet,
26 and which is built on a permanent chassis and designed to be used as a dwell-
27 ing with or without a permanent foundation when connected to the required
28 utilities, and includes the plumbing, heating, air conditioning, and electri-
29 cal systems contained therein, except that such term shall include any struc-
30 ture which meets all the requirements of this paragraph except the size
31 requirements and with respect to which the manufacturer voluntarily files a
32 certification required by the secretary of housing and urban development and
33 complies with the standards established under 42 U.S.C. 5401 et seq.
34 (14) "Temporary facility" means a structure designed and constructed to
35 service actual construction projects and which is completely removed upon com-
36 pletion of the project. This structure shall not be a place of employment or
37 human habitation, and does not include those temporary structures used for the
38 protection of the public around and in conjunction with construction work.
39 (15) "Human habitation," when used in respect to temporary facilities,
40 means a space in a structure for living, sleeping, eating or cooking.
41 Bathrooms, toilet compartments, storage or utility space and similar areas are
42 not considered space for human habitation.
43 (163) "Telecommunications facilities" means all wires, cables, equipment,
44 apparatus or other installations necessary to furnish service, by which there
45 is accomplished or may be accomplished, the sending or receiving of informa-
46 tion, data, message writing signs, signals, pictures, and sounds of all kinds,
47 by aid of such wires, cables, equipment, apparatus or other installations, but
48 shall not include the habitable structure in which such telecommunications
49 facilities are housed.
50 (17) "Farm" means an agricultural unit of five (5) acres or more.
51 SECTION 8. That Section 39-4106, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 39-4106. IDAHO BUILDING CODE ADVISORY BOARD CREATED -- MEMBERSHIP --
6
1 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho
2 building code advisory board is established within the department division as
3 an appeals, code adoption and variance, and advisory rulemaking board, to be
4 appointed by the governor, and shall consist of nine (9) members: one (1) mem-
5 ber of the general public; one (1) local fire official; one (1) registered
6 engineer; one (1) licensed architect; two (2) local building officials, one
7 (1) from a county and one (1) from a city; one (1) homebuilder or general con-
8 tractor; one (1) representative of the modular building industry; and one (1)
9 individual with a disability from an organization that represents people with
10 all types of disabilities. Board members shall be appointed for a terms of
11 four (4) years and until their successor has been appointed. Three (3) consec-
12 utive failures by a member to attend meetings of the board without reasonable
13 cause shall constitute cause for removal of the member from the board by the
14 governor. Whenever a vacancy occurs, the governor shall appoint a qualified
15 person to fill the vacancy for the unexpired portion of the term.
16 (2) The members of the board shall, at their first regular meeting fol-
17 lowing the effective date of this chapter and every two (2) years thereafter,
18 elect by majority vote of the members of the board, a chairman who shall pre-
19 side at meetings of the board. A majority of the currently appointed members
20 of the board shall constitute a quorum.
21 (3) Each member of the board not otherwise compensated by public moneys
22 shall be compensated as provided by section 59-509(h), Idaho Code, for each
23 day spent in attendance at meetings of the board.
24 (4) The board shall meet for regular business sessions at the call of the
25 administrator, chairman, or at the request of three four (34) members of the
26 board, provided that the board shall meet at least biannually.
27 SECTION 9. That Section 39-4107, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-4107. POWERS AND DUTIES. (1) Upon publication of the latest edition of
30 the building code by the International Code Council, the board shall initiate
31 the process of developing legislation to provide for its adoption under sec-
32 tion 39-4109, Idaho Code. The board shall also determine that building code's
33 equivalency with the provisions of the Americans With Disabilities Act Acces-
34 sibility Guidelines and the Fair Housing Act Accessibility Guidelines. Upon
35 finding that the building code under review does not provide an equivalent
36 level of protection for those with disabilities, the board shall promulgate
37 rules to amend the code so as to minimize those deficiencies to the maximum
38 extent possible. The board shall complete the legislation development process,
39 code equivalency analysis and promulgation of rules as needed to amend the
40 code within twenty-four (24) months of its publication by the International
41 Code Council The board shall continually study the operation of adopted codes,
42 standards and rules relating to the construction of buildings or facilities
43 under the jurisdiction of the division to ascertain their effect upon the pub-
44 lic safety and shall support an ongoing effort to promote the uniform adop-
45 tion, application and interpretation of safety, accessibility and building
46 codes statewide. The board shall have the authority to adopt and enforce the
47 codes specified in section 39-4109, Idaho Code, or later editions of such
48 codes, and to promulgate rules in accordance with chapter 52, title 67, Idaho
49 Code, to implement the provisions of this chapter.
50 (2) The board shall function as a board of appeals and shall provide for
51 reasonable interpretations and suitability of alternate materials and methods
52 of construction as defined in the codes enumerated in this act. for the divi-
53 sion as prescribed in the adopted building code. The board shall have no
7
1 authority to waive any requirements of the codes enumerated in this chapter or
2 in rules promulgated pursuant to this chapter. Provided further:
3 (3a) The decisions of the board shall, in respect to code interpreta-
4 tions, be final, and the board shall render all decisions and findings in
5 writing to the appropriate enforcement official and agency, the appellant,
6 and the administrator within ten (10) working days of the conclusion of a
7 hearing.; and
8 (4b) For each appeal brought before the board, the chairman shall appoint
9 not less than three (3) members of the board to hear the appeal and render
10 a decision and finding in the name of the board.
11 (5) The board shall continually study the operation of adopted codes,
12 standards, rules and regulations relating to the construction of buildings to
13 ascertain their effect upon the public safety and support an ongoing effort to
14 promote the uniform adoption, application and interpretation of safety, acces-
15 sibility and building codes statewide.
16 (6) The board shall adopt the latest changes to the codes enumerated in
17 this act, and shall recommend to the director such amendments deemed necessary
18 for the safety of the public. Such amendments shall be promulgated only after
19 public hearings on the subject amendments.
20 (7) The board shall have the authority to promulgate rules in accordance
21 with chapter 52, title 67, Idaho Code, to implement the provisions of this
22 chapter.
23 (83) The board shall utilize experts, consultants, and technical advisors
24 for assistance and recommendations relative to codes, standards, and appeals.
25 SECTION 10. That Section 39-4108, Idaho Code, be, and the same is hereby
26 repealed.
27 SECTION 11. That Chapter 41, Title 39, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 39-4108, Idaho Code, and to read as follows:
30 39-4108. CERTIFICATION. After July 1, 2002, state and local government
31 building inspectors, including state safety advisors, shall hold a valid cer-
32 tification as a building inspector or plans examiner issued by the Interna-
33 tional Code Council (ICC) or the International Conference of Building Offi-
34 cials (ICBO), except that a building inspector with a valid ICC or ICBO resi-
35 dential building inspector certification may only inspect structures regulated
36 by the International Residential Code (IRC). A building inspector with a valid
37 ICC or ICBO residential building inspector certification working under the
38 supervision of an ICC or ICBO certified building inspector or plans examiner
39 may inspect all occupancy classifications for a period not to exceed three (3)
40 years. Any building inspector or plans examiner possessing state certification
41 as of June 30, 2002, may continue to serve as a building inspector, without
42 renewal, until July 1, 2005, at which time certification as an ICC or ICBO
43 building inspector or plans examiner shall be necessary to retain inspection
44 authority.
45 SECTION 12. That section 39-4109, Idaho Code, be, and the same is hereby
46 repealed.
47 SECTION 13. That Chapter 41, Title 39, Idaho Code, be, and the same is
48 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
49 ignated as Section 39-4109, Idaho Code, and to read as follows:
8
1 39-4109. APPLICATION OF CODES. The following codes are hereby adopted for
2 the state of Idaho division of building safety and shall only be applied by
3 local governments as prescribed by section 39-4116, Idaho Code:
4 (1) The 2000 International Building Code and appendices thereto pertain-
5 ing to building accessibility, not including the adoption of the incorporated
6 electrical codes, plumbing codes, fire codes or property maintenance codes
7 other than specifically referenced subjects or sections of the International
8 Fire Code, but including the incorporated International Residential Code;
9 International Mechanical Code; International Fuel Gas Code; International
10 Energy Conservation Code; for the 2000 edition of the International Building
11 Code, the requirements pertaining to accessibility for persons with disabili-
12 ties published by the International Code Council in the 2001 supplement to the
13 International Codes and rules promulgated by the board to provide equivalency
14 with the provisions of the Americans with disabilities act accessibility
15 guidelines and the fair housing act accessibility guidelines shall be
16 included;
17 (2) The 2000 International Residential Code as published by the Interna-
18 tional Code Council, except for parts VII and VIII as they pertain to plumbing
19 and electrical requirements;
20 (3) The 2000 International Energy Conservation Code as published by the
21 International Code Council;
22 (4) The latest edition of the Uniform Mechanical Code, published by the
23 International Conference of Building Officials;
24 (5) The 1997 Uniform Code for Building Conservation as published by the
25 International Conference of Building Officials; and
26 (6) The Safety Code for Elevators and Escalators (ASME/ANSI A17.1) as
27 published by the American Society of Mechanical Engineers and the American
28 National Standards Institute.
29 SECTION 14. That Section 39-4110, Idaho Code, be, and the same is hereby
30 repealed.
31 SECTION 15. That Section 39-4111, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-4111. PERMITS REQUIRED. (1) It shall be unlawful for any person to do,
34 or cause or permit to be done, whether acting as principal, agent or employee,
35 any construction, improvement, extension or alteration of any building, resi-
36 dence or structure, coming under the purview of this chapter the division, in
37 the state of Idaho without first procuring a permit from the appropriate
38 agency division authorizing such work to be done.
39 For the purposes of permit requirements for commercial coaches and modular
40 buildings, a single permit covering all aspects of construction shall be
41 issued by the director.
42 (2) It shall be unlawful for any person to do, or cause or permit to be
43 done, whether acting as principal, agent or employee, any construction,
44 improvement, extension or alteration of any building, residence or structure
45 in a local government jurisdiction enforcing building codes, without first
46 procuring a permit in accordance with the applicable ordinance or ordinances
47 of the local government.
48 SECTION 16. That Section 39-4112, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-4112. MAXIMUM PERMIT FEES TO BE ASSESSED BY THE DIVISION. Building
9
1 permit fees shall be as established by rules promulgated by the board. Until
2 such rules are effective, bBuilding permit fees based on total valuation value
3 of the construction shall not exceed those given in table 3-A, Uniform Build-
4 ing Code, 1985.
5 SECTION 17. That Section 39-4113, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-4113. PLAN CHECKING REVIEWS -- MAXIMUM FEES AND SCHOOL INSPECTIONS.
8 (1) Notwithstanding the provisions of section 302(b), Uniform Building Code,
9 1985, tThe administrator shall establish a program for total plan checking
10 review and permit issue issuance entirely within the division of building
11 safety. Plan review shall be for the provisions of this chapter and chapter
12 10, title 54, Idaho Code, chapter 26, title 54, Idaho Code, and chapter 2,
13 title 41, Idaho Code, pertaining to construction, alteration or repair of
14 buildings or structures within the scope of the division's jurisdiction pursu-
15 ant to this chapter. Plans for schools reviewed by the division shall not
16 include a review for compliance with the provisions of chapter 2, title 41,
17 Idaho Code.
18 (2) Plan review fees shall be as required established by rules promul-
19 gated by the board. Until such rules are effective, plan review fees shall not
20 exceed those specified by section 304(c), Uniform Building Code, 1985 edition.
21 (3) Each manufacturer of commercial coaches and modular buildings shall
22 submit the building plans for every model of such structure to the administra-
23 tor for the purpose of review. The manufacturer must certify that each such
24 building plan meets the appropriate construction and safety standards in force
25 at that time before the model involved is produced.
26 (4) Each school district shall submit to the division of building safety
27 a three (3) sets of working drawings and specifications for new school build-
28 ings or facilities and additions or alterations to existing buildings which
29 are estimated to cost or facilities wherein the proposed work is valued in
30 excess of twenty-five thousand dollars ($25,000). The division will review the
31 plans for compliance with the current editions of the codes specified in this
32 chapter or within rules promulgated pursuant to this chapter by the board and
33 by section 39-8006, Idaho Code. These plans must be approved before the school
34 district may advertise for bids. Once plans are reviewed and approved by the
35 division of building safety pursuant to this section, no material change can
36 be made to such plans without review and approval of such change by the divi-
37 sion of building safety. To assure that building inspections are conducted
38 statewide for aAll school construction or remodeling governed by this chapter,
39 building inspections shall be performed inspected by Idaho certified building
40 inspectors certified in accordance with section 39-4108, Idaho Code, or by
41 Idaho licensed architects or engineers either employed by or contracted to
42 local jurisdictions to determine compliance with this chapter and the Idaho
43 uniform school building safety act, chapter 80, title 39, Idaho Code. Nothing
44 in this section shall limit the authority of local governments to issue per-
45 mits, review plans and provide a full range of building code enforcement
46 activities as they relate to school buildings or facilities within their
47 jurisdiction.
48 SECTION 18. That Section 39-4114, Idaho Code, be, and the same is hereby
49 repealed.
50 SECTION 19. That Section 39-4115, Idaho Code, be, and the same is hereby
51 amended to read as follows:
10
1 39-4115. PERSONNEL. The department division shall employ a bureau chief,
2 who shall in addition to his other duties, function as the executive director
3 of the board, and such other personnel as necessary to effect enforcement of
4 the codes herein enumerated or otherwise prescribed by rules promulgated by
5 the board pursuant to this chapter. All such employees, except the bureau
6 chief, shall be classified as prescribed in chapter 53, title 67, Idaho Code.
7 SECTION 20. That Section 39-4116, Idaho Code, be, and the same is hereby
8 repealed.
9 SECTION 21. That Chapter 41, Title 39, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 39-4116, Idaho Code, and to read as follows:
12 39-4116. LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
13 Local governments enforcing building codes shall do so only in compliance with
14 the provisions of this section. Local governments that have not previously
15 instituted and implemented a code enforcement program prior to the effective
16 date of this act may elect to implement a building code enforcement program by
17 passing an ordinance evidencing the intent to do so. Local governments may
18 contract with a public or private entity to administer their building code
19 enforcement program.
20 (2) By January 1, 2003, local governments that issue building permits and
21 perform building code enforcement activities shall, by ordinance, adopt the
22 following codes as published by the International Code Council and as adopted
23 by the state or by the Idaho building code board:
24 (a) International Building Code, including all rules promulgated by the
25 board to provide equivalency with the provisions of the americans with
26 disabilities act accessibility guidelines and the federal fair housing act
27 accessibility guidelines;
28 (b) International Residential Code, parts I-IV and IX; and
29 (c) International Energy Conservation Code.
30 Local governments are not required by this chapter to adopt the other refer-
31 enced codes in the International Building Code.
32 (3) Local governments may amend by ordinance the adopted codes or provi-
33 sions of referenced codes to reflect local concerns, provided such amendments
34 establish at least an equivalent level of protection to that of the adopted
35 building code. A local jurisdiction shall not have the authority to amend any
36 accessibility provision pursuant to section 39-4109, Idaho Code. Previously
37 adopted local amendments to a superseded version of a building code shall
38 remain in full force and effect for a period not to exceed one (1) year after
39 the effective date of adoption of a new version of the building code, provided
40 that such amendments do not conflict with provisions of the newly adopted
41 building code.
42 (4) Local governments shall exempt agricultural buildings from the
43 requirements of the codes enumerated in this chapter and the rules promulgated
44 by the board. A county may issue permits for farm buildings to assure compli-
45 ance with road setbacks and utility easements, provided that the cost for such
46 permits shall not exceed the actual cost to the county of issuing the permits.
47 (5) Permits shall be governed by the laws in effect at the time the per-
48 mit application is received.
49 (6) The division shall retain jurisdiction for in-plant inspections and
50 installation standards for manufactured or mobile homes and for in-plant
51 inspections and enforcement of construction standards for modular buildings
52 and commercial coaches.
11
1 SECTION 22. That Sections 39-4116A and 39-4117, Idaho Code, be, and the
2 same are hereby repealed.
3 SECTION 23. That Section 39-4120, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-4120. APPEALS TO BOARD -- JUDICIAL REVIEW. The board shall, within
6 twenty (20) days after receipt of notice for an appeal, hear such appeals
7 brought before it by persons affected by any code, rule, regulation or deci-
8 sion pursuant to this act applicable to buildings within the jurisdiction of
9 the division. Such proceedings shall be governed by the provisions of chapter
10 52, title 67, Idaho Code. Final decisions of the board, other than code inter-
11 pretations, are subject to judicial review in accordance with the provisions
12 of chapter 52, title 67, Idaho Code.
13 SECTION 24. That Section 39-4121, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-4121. MODULAR BUILDINGS -- INSIGNIA OF APPROVAL -- INSTALLATION --
16 MODIFICATION. (1) No modular building shall be installed on a building site in
17 this state on or after July 1, 1975, unless it is approved and bears the
18 insignia of approval of the department division.
19 (2) Any modular building bearing an insignia of approval of the depart-
20 ment division shall be deemed to comply with codes, laws, or regulations rules
21 enacted by the state of Idaho which govern the manufacturing manufacture and
22 construction of such building.
23 (3) No modular building which has been approved by the department divi-
24 sion shall be in any way modified prior to or during installation by a manu-
25 facturer or installer its initial occupancy unless approval of that modifica-
26 tion is first made by the department division.
27 SECTION 25. That Section 39-4122, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-4122. COMMERCIAL COACHES -- ISSUANCE OF INSIGNIA -- COST. The director
30 administrator shall issue insignia for commercial coaches which meet the
31 requirements of the standards, adopted codes, laws and rules and regulations
32 promulgated by the director board pursuant to this act chapter. The cost of
33 the insignia, if issued, shall be included as a part of the fee schedule.
34 SECTION 26. That Section 39-4124, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-4124. "IDAHO BUILDING CODE FUND" ESTABLISHED. All money received by
37 the department division under the terms and provisions of this act chapter
38 shall be paid into the state treasury, and shall be, by the state treasurer,
39 placed to the credit of the general fund in an account to be known as the
40 "Idaho building code fund," and all such moneys, hereafter placed in said
41 fund, are hereby set aside and appropriated to the department division to
42 carry into effect the provisions of this act chapter.
43 SECTION 27. That Section 39-4125, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 39-4125. INJUNCTION -- AFFIDAVIT SETTING OUT NONCONFORMITY. The depart-
12
1 ment division may obtain from a district court having jurisdiction, a tempo-
2 rary injunction enjoining the construction of a building(s) or installation of
3 modular buildings on any building site upon affidavit of the department divi-
4 sion that such building does not conform to the requirements of this chapter
5 or to the rules and regulations adopted pursuant to this chapter or any other
6 chapter of the state of Idaho Code relating to the building construction. The
7 affidavit must set forth such violations in detail. The injunction may be made
8 permanent, in the discretion of the court.
9 SECTION 28. That Section 39-4126, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-4126. VIOLATIONS MISDEMEANORS. (1) Any person who wilfully willfully
12 violates any provision of this chapter or who wilfully willfully violates any
13 provisions of the codes enumerated in this chapter or rules promulgated by the
14 director administrator or the board pursuant to this chapter, is guilty of a
15 misdemeanor, and upon conviction, shall be fined not more than three hundred
16 dollars ($300), or imprisoned for not more than ninety (90) days or by both
17 fine and imprisonment. Violations of this chapter shall be tried in any court
18 of competent jurisdiction within the state of Idaho.
19 (2) A separate violation is deemed to have occurred with respect to each
20 building not in compliance with this chapter. Each day such violation contin-
21 ues constitutes a separate offense.
22 (3) The misdemeanor provisions of subsections (1) and (2) of this section
23 shall not apply to manufactured homes. Violations of manufactured home con-
24 struction and safety standards shall be tried in any court of competent juris-
25 diction.
26 SECTION 29. That Section 39-4127, Idaho Code, be, and the same is hereby
27 repealed.
28 SECTION 30. That Section 39-4128, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-4128. RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the director
31 administrator determines that standards for modular buildings and commercial
32 coaches which have been adopted by the statutes or regulations rules of
33 another state are at least equal to the standards adopted by the director
34 administrator, the director administrator may so provide by regulation rule.
35 (2) If the director administrator determines that standards for modular
36 buildings and commercial coaches have not been adopted by another state, and
37 modular buildings and commercial coaches from that state are transported into
38 this state to be offered for sale, the director administrator may certify per-
39 sonnel to inspect such modular buildings or commercial coaches. If the direc-
40 tor administrator shall then determine that said units meet the standards of
41 this state, the product shall be acceptable and the director administrator may
42 issue insignia for said modular building or commercial coach.
43 SECTION 31. That Sections 39-4130 and 39-4131, Idaho Code, be, and the
44 same are hereby repealed.
45 SECTION 32. That Chapter 23, Title 44, Idaho Code, be, and the same is
46 hereby repealed.
47 SECTION 33. That Section 44-2101A, Idaho Code, be, and the same is hereby
13
1 amended to read as follows:
2 44-2101A. DEFINITIONS. As used in this chapter:
3 (1) "Administrator" means the administrator of the division of building
4 safety of the state of Idaho.
5 (2) "Manufactured home" means a structure as defined in section
6 39-4105(13), Idaho Code.
7 (3) "Manufactured home broker" means any person engaged in the business
8 of selling or exchanging used units only, or who buys, sells, lists or
9 exchanges three (3) or more used units in any one (1) calendar year, except as
10 otherwise provided in this chapter.
11 (4) "Manufactured home dealer" means any person engaged in the business
12 of selling or exchanging new and used units, or who buys, sells, lists or
13 exchanges three (3) or more new and used units in any one (1) calendar year,
14 except as otherwise provided in this chapter.
15 (5) "Manufactured home salesman" means any person employed by a manufac-
16 tured home dealer or broker for a salary, commission or compensation of any
17 kind to sell, list, purchase or exchange or to negotiate for the sale, list-
18 ing, purchase or exchange of units, except as otherwise provided in this chap-
19 ter.
20 (6) "Manufactured home service company" includes "manufactured home
21 installer" and means any person other than a manufactured home dealer who pro-
22 vides service, setup, or both, of manufactured or mobile homes.
23 (7) "Manufacturer" means any person engaged in the business of manufac-
24 turing manufactured homes that are offered for sale, lease or exchange in the
25 state of Idaho.
26 (8) "Mobile home" means a structure similar to a manufactured home, but
27 built to a state mobile home code which existed prior to the Federal Manufac-
28 tured Housing and Safety Standards Act (HUD Code).
29 (9) "Person" means a natural person, corporation, partnership, trust,
30 society, club, association, or other organization.
31 (10) "Principal place of business" means an enclosed structure accessible
32 and open to the public, at which the business is lawfully conducted in accor-
33 dance with the terms of all applicable building codes, zoning and other land
34 use regulatory ordinances, in which building the public may contact the
35 dealer, broker or salesman, and at which place shall be kept and maintained
36 the books, records and files necessary to conduct the business. There shall be
37 displayed on the exterior a sign permanently affixed to the land or building
38 with letters clearly visible to the major avenue of traffic.
39 (11) "Responsible managing employee" means the person designated by the
40 employer to supervise other employees, either personally or through others.
41 (12) "Unit" means a mobile or manufactured home.
42 SECTION 34. That Section 56-701A, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 56-701A. DEFINITIONS. As used in this chapter and chapter 58, title 18,
45 Idaho Code:
46 (1) "Assistance device" means a cane or walking stick, predominantly white
47 or metallic in color, with or without red tip, or a manual or motorized
48 wheelchair or similar scooter, or other similar devices that enhance the
49 safety or mobility of a disabled person.
50 (2) "Assistance dog" means a dog that has been trained as a guide dog for
51 a blind or visually impaired person, a hearing dog for a hearing impaired per-
52 son, or a service dog for a physically disabled person.
14
1 (3) "Disabled person" means a hearing, visually or physically impaired
2 person.
3 (4) "Dog-in-training" means a dog being specifically trained to develop
4 social, environmental and other skills needed for admission to a training
5 school or other program for assistance dogs. Dogs-in-training shall wear a
6 jacket, collar, scarf or other similar article identifying it as a dog-in-
7 training.
8 (5) "Guide dog" means a dog that has been specially trained to aid a par-
9 ticular blind or visually impaired person.
10 (6) "Hearing dog" means a dog that has been specially trained to aid a
11 particular hearing impaired person.
12 (7) "Hearing impaired person" means a person who has a hearing impairment
13 manifested by a speech discrimination score of forty percent (40%) or more in
14 the better ear with appropriate correction as certified by a licensed
15 otologist, licensed audiologist, or the Idaho division of vocational rehabili-
16 tation.
17 (8) "Physically impaired person" means any person with any substantial
18 physical disability which prevents normal participation in community or life
19 activities as are available and participated in by persons with no such
20 afflictions or conditions of the same age and sex.
21 (9) "Service dog" means a dog that has been specially trained to aid a
22 particular physically disabled person with a physical disability other than
23 sight or hearing impairment.
24 (10) "Visually impaired person" or "visually handicapped person" means any
25 person who meets the definition provided in section 39-3202(3), Idaho Code is
26 blind, totally blind, partially blind or otherwise visually handicapped mean-
27 ing such person has central visual acuity not exceeding 20/200 in the better
28 eye, with corrected lenses, as measured by the Snellen test, or visual acuity
29 greater than 20/200, but with a limitation in the field of vision such that
30 the widest diameter of the visual field subtends an angle not greater than
31 twenty (20) degrees.
32 SECTION 35. That Section 63-2401, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 63-2401. DEFINITIONS. In this chapter:
35 (1) "Aircraft engine fuel" means:
36 (a) Aviation gasoline, defined as any mixture of volatile hydrocarbons
37 used in aircraft reciprocating engines; and
38 (b) Jet fuel, defined as any mixture of volatile hydrocarbons used in
39 aircraft turbojet and turboprop engines.
40 (2) "Bond" means:
41 (a) A surety bond, in an amount required by this chapter, duly executed
42 by a surety company licensed and authorized to do business in this state
43 conditioned upon faithful performance of all requirements of this chapter,
44 including the payment of all taxes, penalties and other obligations aris-
45 ing out of the provisions of this chapter; or
46 (b) A deposit with the commission by any person required to be licensed
47 pursuant to this chapter under terms and conditions as the commission may
48 prescribe, of a like amount of lawful money of the United States or bonds
49 or other obligations of the United States, the state of Idaho, or any
50 county of the state; or
51 (c) An irrevocable letter of credit issued to the commission by a bank
52 doing business in this state payable to the state upon failure of the per-
53 son on whose behalf it is issued to remit any payment due under the provi-
15
1 sions of this chapter.
2 (3) "Commercial motor boat" means any boat, equipped with a motor, which
3 is wholly or partly used in a profit-making enterprise or in an enterprise
4 conducted with the intent of making a profit.
5 (4) "Commission" means the state tax commission of the state of Idaho.
6 (5) "Distributor" means any person who receives gasoline, special fuels,
7 and/or aircraft fuel in this state, and includes a special fuels dealer. Any
8 person who sells or receives gaseous fuels will not be considered a distribu-
9 tor unless the gaseous fuel is delivered into the fuel supply tank or tanks of
10 a motor vehicle not then owned or controlled by him.
11 (6) "Dyed fuel" means diesel fuel that is dyed pursuant to requirements
12 of the internal revenue service, or the environmental protection agency.
13 (7) "Exported" means delivered by truck or rail across the boundaries of
14 this state by or for the seller or purchaser from a place of origin in this
15 state.
16 (8) "Gasohol" means gasoline containing a mixture of no more than ten
17 percent (10%) blend anhydrous ethanol.
18 (9) "Gasoline" means any mixture of volatile hydrocarbons suitable as a
19 fuel for the propulsion of motor vehicles or motor boats. "Gasoline" also
20 means aircraft engine fuels when used for the operation or propulsion of motor
21 vehicles or motor boats and includes gasohol, but does not include special
22 fuels.
23 (10) "Highways" means every place of whatever nature open to the use of
24 the public as a matter of right for the purpose of vehicular travel which is
25 maintained by the state of Idaho or an agency or taxing subdivision or unit
26 thereof or the federal government or an agency or instrumentality thereof.
27 Provided, however, if the cost of maintaining a roadway is primarily borne by
28 a special fuels user who operates motor vehicles on that roadway pursuant to a
29 written contract during any period of time that a special fuels tax liability
30 accrues to the user, such a roadway shall not be considered a "highway" for
31 any purpose related to calculating that user's special fuel's tax liability or
32 refund.
33 (11) "Imported" means delivered by truck or rail across the boundaries of
34 this state by or for the seller or purchaser from a place of origin outside
35 this state.
36 (12) "International fuel tax agreement" and "IFTA" mean the international
37 fuel tax agreement required by the intermodal surface transportation effi-
38 ciency act of 1991, Public Law 102-240, 105 Stat. 1914, including subsequent
39 amendments to that agreement.
40 (13) "Jurisdiction" means a state of the United States, the District of
41 Columbia, or a province or territory of Canada.
42 (14) "Licensed distributor" means any distributor who has obtained a
43 license under the provisions of section 63-2427A, Idaho Code.
44 (15) "Motor fuel" means gasoline, special fuels, aircraft engine fuels or
45 any other fuels suitable for the operation or propulsion of motor vehicles,
46 motor boats or aircraft.
47 (16) "Motor vehicle" means every self-propelled vehicle designed for oper-
48 ation, or required to be licensed for operation, upon a highway.
49 (17) "Person" means any individual, firm, fiduciary, copartnership, asso-
50 ciation, corporation, governmental instrumentality including the state and all
51 of its agencies and political subdivisions, or any other group or combination
52 acting as a unit, and the plural as well as the singular number, unless the
53 intent to give a more limited meaning is disclosed by the context. Whenever
54 used in any clause prescribing and imposing a fine or imprisonment, or both,
55 the term "person" as applied to an association means the partners or members,
16
1 and as applied to corporations, the officers.
2 (18) "Recreational vehicle" means a snowmobile as defined in section
3 67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in section
4 49-114, Idaho Code; and any vehicular type unit either as an integral part of,
5 or required for the movement of, units recreational vehicle as defined in sec-
6 tion 39-4105(15) 49-119, Idaho Code.
7 (19) "Retail dealer" means any person engaged in the retail sale of motor
8 fuels to the public or for use in the state.
9 (20) "Special fuels" means:
10 (a) All fuel suitable as fuel for diesel engines;
11 (b) A compressed or liquified gas obtained as a byproduct in petroleum
12 refining or natural gasoline manufacture, such as butane, isobutane, pro-
13 pane, propylene, butylenes, and their mixtures; and
14 (c) Natural gas, either liquid or gas, and hydrogen, used for the genera-
15 tion of power for the operation or propulsion of motor vehicles.
16 (21) "Special fuels dealer" means "distributor" under subsection (5) of
17 this section.
18 (22) "Special fuels user" means any person who uses or consumes special
19 fuels for the operation or propulsion of motor vehicles owned or controlled by
20 him upon the highways of this state.
21 (23) "Use" means either:
22 (a) The receipt, delivery or placing of fuels by a licensed distributor
23 or a special fuels dealer into the fuel supply tank or tanks of any motor
24 vehicle not owned or controlled by him while the vehicle is within this
25 state; or
26 (b) The consumption of fuels in the operation or propulsion of a motor
27 vehicle on the highways of this state.
28 SECTION 36. That Section 67-6509A, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 67-6509A. SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE
31 AMENDED. (1) By resolution or ordinance adopted, amended or repealed in accor-
32 dance with the notice and hearing procedures provided under section 67-6509,
33 Idaho Code, each governing board shall amend its comprehensive plan and land
34 use regulations for all land zoned for single-family residential uses, except
35 for lands falling within an area defined as a historic district under section
36 67-4607, Idaho Code, to allow for siting of manufactured homes as defined in
37 section 39-4105(13), Idaho Code.
38 (2) Manufactured homes on individual lots zoned for single-family resi-
39 dential uses as provided in subsection (1) of this section shall be in addi-
40 tion to manufactured homes on lots within designated mobile home parks or man-
41 ufactured home subdivisions.
42 (3) This section shall not be construed as abrogating a recorded restric-
43 tive covenant.
44 (4) A governing board may adopt any or all of the following placement
45 standards, or any less restrictive standards, for the approval of manufactured
46 homes located outside mobile home parks:
47 (a) The manufactured home shall be multisectional and enclose a space of
48 not less than one thousand (1,000) square feet;
49 (b) The manufactured home shall be placed on an excavated and backfilled
50 foundation and enclosed at the perimeter such that the home is located not
51 more than twelve (12) inches above grade;
52 (c) The manufactured home shall have a pitched roof, except that no stan-
53 dards shall require a slope of greater than a nominal three (3) feet in
17
1 height for each twelve (12) feet in width;
2 (d) The manufactured home shall have exterior siding and roofing which in
3 color, material and appearance is similar to the exterior siding and
4 roofing material commonly used on residential dwellings within the commu-
5 nity or which is comparable to the predominant materials used on surround-
6 ing dwellings as determined by the local permit approval authority;
7 (e) The manufactured home shall have a garage or carport constructed of
8 like materials if zoning ordinances would require a newly constructed
9 nonmanufactured home to have a garage or carport;
10 (f) In addition to the provisions of paragraphs (a) through (e) of this
11 subsection, a city or county may subject a manufactured home and the lot
12 upon which it is sited to any development standard, architectural require-
13 ment and minimum size requirements to which a conventional single-family
14 residential dwelling on the same lot would be subjected.
15 (5) Any approval standards, special conditions and the procedures for
16 approval adopted by a local government shall be clear and objective and shall
17 not have the effect, either in themselves or cumulatively, of discouraging
18 needed housing through unreasonable cost or delay.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 11753
The 2000 Idaho Legislature, in House Bill 611, directed that
revisions be made to Title 39, Chapter 41 of the Idaho Building
Code Act in order to adopt the 2000 International Building Code
and to incorporate the accessibility guidelines of the Americans
with Disabilities Act and the Fair Housing Act.
This proposed legislation, which entails a complete review and
revision of the Idaho Building Code Act, focuses on meeting ADA
requirements and clarifying the roles of the Division of Building
Safety and local governments relative to the adoption and
implementation of the 2000 International Building Code.
Although the proposed legislation does not require a statewide
building code, it will require uniformity among local
jurisdictions that choose to adopt and enforce building codes.
FISCAL IMPACT
There is no impact to the State General Fund. There will be
nominal costs to the Idaho Division of Building Safety for
training and certification of building inspectors. Local
jurisdictions will incur costs to purchase new building code
manuals and train and certify building inspectors
Contacts
Rep. Lee Gagner 332 1000
Idaho Building Code Advisory Board, Jack Rayne, 332 7151
Association of Idaho Cities, Ken Harward 344 8594
Idaho Association of Building Officials, Jim Storey, 340 1258
Snake River Chapter of ICBO, George Klomp, 529 1275
Building Contractors Assn of SW Idaho, John Eaton, 377 3550
Idaho Building Contractors Association, Ron Williams, 344 6633
State Living Independent Living Council, Kelly Buckland, 334 3800
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 586