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H0500......................................................by STATE AFFAIRS
BUILDING CODE ENFORCEMENT - Amends and repeals existing law to provide that
the authority for building code enforcement shall be with the administrator
of the Division of Building Safety in the Department of Labor and to revise
various building and life and safety codes that have been adopted
statewide.
01/23 House intro - 1st rdg - to printing
01/26 Rpt prt - to St Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Watson, Wheeler, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Jaquet, Mader, Trail
Floor Sponsor - Marley
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Com/HuRes
H0500|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 500 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO BUILDING AND SAFETY CODES; AMENDING SECTION 39-4101, IDAHO CODE, 3 TO REVISE LEGISLATIVE FINDINGS AND INTENT; AMENDING SECTION 39-4103, IDAHO 4 CODE, TO REVISE SCOPE AND EXEMPTIONS TO THE CHAPTER; AMENDING SECTION 5 39-4105, IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL COR- 6 RECTION; AMENDING SECTION 39-4106, IDAHO CODE, TO CHANGE THE MAKEUP OF THE 7 IDAHO BUILDING CODE ADVISORY BOARD; AMENDING SECTION 39-4107, IDAHO CODE, 8 TO REVISE THE BOARD'S POWERS AND DUTIES; AMENDING SECTION 39-4108, IDAHO 9 CODE, TO PROVIDE DUTIES OF THE DIVISION OF BUILDING SAFETY AND THE ADMIN- 10 ISTRATOR OF THE DIVISION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 11 TION 39-4109, IDAHO CODE, TO REVISE THE VARIOUS CODES THAT ARE ADOPTED; 12 REPEALING SECTION 39-4110, IDAHO CODE; AMENDING SECTION 39-4111, IDAHO 13 CODE, TO REQUIRE THAT PERMITS BE PROCURED FROM THE DIVISION OF BUILDING 14 SAFETY; AMENDING SECTION 39-4113, IDAHO CODE, TO PROVIDE FOR PLAN CHECKING 15 TO BE BY THE BUILDING BUREAU OF THE DIVISION OF BUILDING SAFETY; AMENDING 16 SECTION 39-4114, IDAHO CODE, TO PROVIDE FOR FEES BY THE DIVISION; AMENDING 17 SECTION 39-4115, IDAHO CODE, TO PROVIDE THAT THE DIVISION SHALL EMPLOY A 18 BUREAU CHIEF; AMENDING SECTION 39-4116, IDAHO CODE, TO REVISE THE PROCE- 19 DURES FOR ASSISTANCE TO LOCAL GOVERNMENTS AND TO PROVIDE FOR LOCAL GOVERN- 20 MENT ENFORCEMENT OF CODES; REPEALING SECTION 39-4116A, IDAHO CODE; AMEND- 21 ING SECTION 39-4117, IDAHO CODE, TO PROVIDE FOR NOTIFICATION OF THE BUILD- 22 ING BUREAU AND TO PROVIDE A TIME FOR INSPECTION; AMENDING SECTION 39-4120, 23 IDAHO CODE, TO REVISE PROCEDURES FOR APPEALS TO THE BOARD AND TO MAKE A 24 TECHNICAL CORRECTION; AMENDING SECTION 39-4121, IDAHO CODE, TO PROVIDE FOR 25 INSPECTION OF MODULAR BUILDINGS BY THE DIVISION OF BUILDING SAFETY AND TO 26 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-4122, IDAHO CODE, TO PRO- 27 VIDE THAT THE ADMINISTRATOR SHALL ISSUE INSIGNIAS FOR COMMERCIAL CODES 28 WHICH MEET STANDARDS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 29 39-4124, IDAHO CODE, TO PROVIDE DUTIES OF THE DIVISION REGARDING THE IDAHO 30 BUILDING CODE FUND; AMENDING SECTION 39-4125, IDAHO CODE, TO PROVIDE 31 AUTHORITY OF THE DIVISION REGARDING INJUNCTIONS AND TO MAKE A TECHNICAL 32 CORRECTION; AMENDING SECTION 39-4126, IDAHO CODE, TO PROVIDE MISDEMEANOR 33 PENALTIES FOR RULES PROMULGATED BY THE ADMINISTRATOR; AMENDING SECTION 34 39-4128, IDAHO CODE, TO GIVE THE ADMINISTRATOR THE AUTHORITY FOR RECIPROC- 35 ITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-4130, IDAHO 36 CODE, TO REVISE DUTIES OF THE ADMINISTRATOR; AND AMENDING SECTION 39-4131, 37 IDAHO CODE, TO PROVIDE LANGUAGE IN THE CATCHLINE REGARDING OCCUPANCY. 38 Be It Enacted by the Legislature of the State of Idaho: 39 SECTION 1. That Section 39-4101, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes 42 and uniformity in procedures for enforcing building and safety 43 codes throughout the nation and state are matters of nationwide and statewide 2 1 concern and interest, in that uniformity would enhance elimination of obso- 2 lete, restricting, conflicting, duplicating and unnecessary regulations and 3 requirements which could unnecessarily increase construction costs or retard 4 the use of new materials and methods of installation or provide unwarranted 5 preferential treatment to types or classes of materials or products or methods 6 of construction. 7 The legislature also finds that the factory production of housing and 8 other buildings presents unique problems with respect to uniformity of codes 9 and inspections throughout this state and nation. 10 (2) It is the intent of the legislature to: 11 (a) Promote the health, safety and welfare of the occupants or users of 12 buildings and structures and the general public; 13 (b) Require minimum performance standards and requirements for construc- 14 tion and construction materials, consistent with accepted standards of 15 engineering, fire and life safety; 16 (c) Require standards and requirements in terms of performance, energy 17 efficiency, effect upon construction costs and consistency with nationally 18 accepted standards; 19 (d) Permit the use of modern technical methods, devices and improvements; 20 and 21 (e) Provide for a uniform interpretation of the building and safety codes 22 for the state of Idaho. 23 SECTION 2. That Section 39-4103, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-4103. SCOPE -- EXEMPTIONS. (1) The provisions of this chapter shall 26 apply to all buildings and construction within the state of Idaho, except as 27 otherwise provided in this chapter. 28 (2) Structures used primarily for industrial chemical process purposes 29 and for mineral extraction and mineral processing purposes shall be exempt 30 from this chapter except for erection and fabrication of new structures, 31 boilers, pressure vessels and other equipment as required 32 to condition the building for personnel comfort and safety. Equipment in this 33 regard shall mean and shall be limited to facilities or installations for 34 heating, ventilating, air conditioning, refrigeratingfacilities associ-35ated with air conditioningequipment , elevators, dumbwait- 36 ers, escalators, and boilers and pressure vesselsassociated with build-37ing heating systems. 38 (3) Temporary facilities, as defined in section 39-4105(16394 ), Idaho Code, shall be exempt from the provisions of this 40 chapter, except for temporary facilities which are classified as a modular 41 building under the provisions of section 39-4121, Idaho Code,and/or42a commercial coach under the provisions of section 39-4122, Idaho 43 Code , or elevators, boilers, and pressure vessels as defined in section 44 39-4105(18), (19) and (20), Idaho Code . 45 (4) Farms, as defined in section 39-4105(197 ), 46 Idaho Code, shall be exempt from the provisions of this chapter except for any 47 structure which is classified as a modular building under the provisions of 48 section 39-4121, Idaho Code,and/ora commercial coach under the 49 provisions of section 39-4122, Idaho Code,ora manufactured 50 home under the provisions of chapter 40, title 39, Idaho Code , or eleva- 51 tors, boilers and pressure vessels as defined in section 39-4105(18), (19) and 52 (20), Idaho Code . 3 1 SECTION 3. That Section 39-4105, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-4105. DEFINITIONS. As used in this chapter, the terms defined in this 4 section shall have the following meaning, unless the context clearly indicates 5 another meaning: 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. 11 (4) "Building" means a combination of materials, whether portable or 12 fixed, which comprises a structure affording facilities or shelter for any use 13 or occupancy, and shall include a part or parts thereof and all equipment 14 therein normally a part of the structure. 15 (5) "Construction" means the erection, fabrication, reconstruction, demo- 16 lition, alteration, conversion, or repair of a building (other than in-kind), 17 or the installation of equipment therein normally a part of the structure. 18 (6) "Equipment" means facilities or installations including, but not lim- 19 ited to, heating, ventilating, air conditioning, and refrigerating facilities 20 or installations, and elevators, dumbwaiters, escalators, boilers and pressure 21 vessels ,and ski lifts,but not including telecommu- 22 nications facilities. 23 (7) "Local inspection agency" means the agency or agencies of local gov- 24 ernment with authority to make inspections of buildings and to enforce the 25 codes, laws and rules of the state of Idaho which establish standards and 26 requirements applicable to the construction, alteration, repair, or demolition 27 of buildings. 28 (8) "Local government" means any city or county of this state. 29 (9) "Modular building" means any building or building component, other 30 than a manufactured home, which is constructed according to codes and 31 standardscontained in the Uniform Building Code, as adopted or32any amendments theretoadopted by the division of building safety 33 , which is of closed construction and is either entirely or substan- 34 tially prefabricated or assembled at a place other than the building site. 35 (10) "Building site" means any lot, tract, parcel, or subdivision of land, 36 either public or private, upon which a building is placed or is to be placed. 37 (11) "Closed construction" means any manufactured building or building 38 component which may enclose factory installed structural, mechanical, electri- 39 cal or plumbing systems and is not open for visual inspection at the building 40 site. 41 (12) "Commercial coach" means a modular building equipped with the neces- 42 sary service connections and made so as to be readily movable as a unit on its 43 own running gear and originally designated to be used without a permanent 44 foundation. 45 (13) "Manufactured home"(formerly mobile home)means a 46 structure, constructed according to HUD/FHAmobilemanufac- 47 tured home construction and safety standards, transportable in one or 48 more sections, which, in the traveling mode, is eight (8) body feet or more in 49 width or is forty (40) body feet or more in length, or when erected on site, 50 is three hundred twenty (320) or more square feet, and which is built on a 51 permanent chassis and designed to be used as a dwelling with or without a per- 52 manent foundation when connected to the required utilities, and includes the 53 plumbing, heating, air conditioning, and electrical systems contained therein, 54 except that such term shall include any structure which meets all the require- 4 1 ments of this paragraph except the size requirements and with respect to which 2 the manufacturer voluntarily files a certification required by the secretary 3 of housing and urban development and complies with the standards established 4 under 42 U.S.C. 5401 et seq. 5 (14) "Temporary facility" means a structure designed and constructed to 6 service actual construction projects and which is completely removed upon com- 7 pletion of the project. This structure shall not be a place of employment or 8 human habitation, and does not include those temporary structures used for the 9 protection of the public around and in conjunction with construction work. 10 (15) "Human habitation," when used in respect to temporary facilities, 11 means a space in a structure for living, sleeping, eating or cooking. 12 Bathrooms, toilet compartments, storage or utility space and similar areas are 13 not considered space for human habitation. 14 (16) "Telecommunications facilities" means all wires, cables, equipment, 15 apparatus or other installations necessary to furnish service, by which there 16 is accomplished or may be accomplished, the sending or receiving of informa- 17 tion, data, message writing signs, signals, pictures, and sounds of all kinds, 18 by aid of such wires, cables, equipment, apparatus or other installations, but 19 shall not include the habitable structure in which such telecommunications 20 facilities are housed. 21 (17) "Farm" means an agricultural unit of five (5) acres or more. 22 (18) "Boiler" means a closed vessel in which water or other liquid 23 is heated, steam is generated, steam is superheated, or any combination 24 thereof, under pressure of vacuum for use external to itself, by the direct 25 application of energy from the combustion of fuels, or from electricity, or 26 solar or nuclear energy. The term "boiler" shall include fired units for 27 heating or vaporizing liquids other than water, but does not include fired 28 process heaters and systems. The term "boiler" also shall include the appara- 29 tus used by which heat is generated and all controls and safety devices asso- 30 ciated with such apparatus or the closed vessels. 31 (19) "Pressure vessel" means a closed vessel in which pressure is obtained 32 from an external source, or from an indirect application of heat including, 33 but not limited to, evaporators, heat exchangers or vessels in which steam is 34 generated incidental to the operating of a processing system containing two 35 (2) or more vessels. 36 (20) "Elevator" shall include elevators, dumbwaiters and escalators, both 37 for freight and personal use. 38 SECTION 4. That Section 39-4106, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 39-4106. IDAHO BUILDING CODE ADVISORY BOARD CREATED -- MEMBERSHIP -- 41 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho 42 building code advisory board is established within thedepartment43 division as an appeals, code adoption and variance, and advisory 44 board, to be appointed by the governor, and shall consist of seven (7) mem- 45 bers: two (2) members of the general public, one (1) of which can be a fire 46 official; one (1) registered mechanical engineer ; 47orone (1) licensed architect; one (1) local build- 48 ing inspector; one (1) homebuilder or general contractor; and one 49 (1) representative of the modular building industry; and one (1) repre-50sentative of the manufactured home industry. Board members shall be 51 appointed for a term of four (4) years. Three (3) consecutive failures by a 52 member to attend meetings of the board without reasonable cause shall consti- 53 tute cause for removal of the member from the board by the governor. Whenever 5 1 a vacancy occurs, the governor shall appoint a qualified person to fill the 2 vacancy for the unexpired portion of the term. 3 (2) The members of the board shall, at their first regular meeting fol- 4 lowing the effective date of this chapter and every two (2) years thereafter, 5 elect by majority vote of the members of the board, a chairman who shall pre- 6 side at meetings of the board. A majority of the members of the board shall 7 constitute a quorum provided that said majority shall include at least one (1) 8 public member. 9 (3) Each member of the board not otherwise compensated by public moneys 10 shall be compensated as provided by section 59-509(g), Idaho Code, for each 11 day spent in attendance at meetings of the board. 12 (4) The board shall meet for regular business sessions at the call of the 13 director, chairman, or at the request of three (3) members of the board, pro- 14 vided that the board shall meet at least biannually. 15 SECTION 5. That Section 39-4107, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 39-4107. POWERS AND DUTIES. (1) The board shalldetermine the suit-18ability of alternate materials and methods of constructionhear 19 and decide appeals of orders, decisions or determinations made by the division 20 relative to the application and interpretation of the codes adopted and enu- 21 merated in this chapter . 22 (2)The board shall function as a board of appeals and shall pro-23vide for reasonable interpretations of the provisions of the codes enumerated24in this act.25(3)The decisions of the board shall, in respect to code interpre- 26 tations, be final, and the board shall render all decisions and findings in 27 writing to the appropriate enforcement official and agency, the appellant, and 28 the director within ten (10) days of the conclusion of a hearing. 29 (43 ) For each appeal brought before the board, 30 the chairman shall appoint not less than three (3) members of the board to 31 hear the appeal and render a decision and finding in the name of the board, 32 provided at least one (1) member of which shall be a public member. 33 (54 ) The board shall continually study the 34 operation of adopted codes, standards, rules and regulations relating to the 35 construction of buildings to ascertain their effect upon the public safety and 36 support an ongoing effort to promote the uniform adoption, application and 37 interpretation of safety and building codes statewide. 38 (65 ) The board shall adopt the latest changes 39 to the codes enumerated in this act, and shall recommend to thedirector40administrator such amendments deemed necessary for the 41 safety of the public. Such amendments shall be promulgated only after public 42 hearings on the subject amendments. 43 (76 ) The board shall utilize experts, consul- 44 tants, and technical advisors for assistance and recommendations relative to 45 codes, standards, and appeals. 46 SECTION 6. That Section 39-4108, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 39-4108. CERTIFICATION -- DURATION -- FEES -- RENEWAL -- REVOCATION OR 49 SUSPENSION -- HEARINGS. (1) Theboarddivision is 50 hereby authorized and empowered to conduct examinations and to pass upon the 51 qualifications of state and local government inspectors, and thedirec-6 1toradministrator is hereby authorized and empowered to 2 grant and issue certificates of competency to such applicants as are found to 3 be qualified by the board to be engaged as building code inspectors. All cer- 4 tificates issued hereunder shall not be transferable. 5 (2) All certificates shall bear the date of issue, the expiration date, 6 and shall expire on the first day of January three (3) years following the 7 date of issue, unless renewed as provided in this act. 8 (3) All applicants shall pay to thedirectoradminis- 9 trator at the time of application for examination, a fee of twenty-five 10 dollars ($25.00). 11 (4) Certification once issued under this act, unless revoked or suspended 12 as herein provided, may be renewed at any time during the month of December on 13 the third year following its issuance on the payment of the renewal fee of 14 fifteen dollars ($15.00), and any certification which has expired may be 15 renewed at any time within one (1) year from the first day of January next 16 following its issuance, by payment of the examination fee. 17 (5) Thedirectoradministrator shall have the 18 power to revoke or suspend any certification if the same was obtained through 19 error or fraud, or if the holder thereof is shown to be grossly incompetent, 20 or has wilfully violated any of the rulesand regulationspre- 21 scribed bysaid directorthe administrator or as 22 prescribed by this act; provided before any certification shall be revoked or 23 suspended, the holder thereof shall have written notice enumerating the 24 charges against him, and shall be given a hearing bysaid director25the administrator . The provisions of chapter 52, title 67, 26 Idaho Code, shall apply to all cases of revocation or suspension of certifica- 27 tion. 28 (6) Thedirectoradministrator shall have 29 power to appoint, by an order in writing, any competent person to take testi- 30 mony, who shall have power to administer oaths, issue subpoenas and compel the 31 attendance of witnesses, and the decision of thedirector32 administrator shall be based on his examination of the testimony taken 33 and the records produced. Any person whose certification has been revoked may, 34 after the expiration of one (1) year from the date of such revocation, but not 35 before, apply for new certification. 36 SECTION 7. That Section 39-4109, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 39-4109. ADOPTION OF CODES. The following codes are hereby adopted for 39 the state of Idaho: 40 (1) The latest edition of the Uniform Building Code, published by the 41 International Conference of Building Officials and all appendices 42 thereto , as adopted by the Idaho Building Code Advisory Boardand43appendices thereto, excepting appendices chapter 3 divisions 2-4 as it relates44to agricultural buildings and requirements for R-3 and R-4 occupancies, chap-45ter 4 as it relates to special use and occupancy, chapter 9 as it relates to46basement pipe inlets, chapter 10 as it relates to building security, chapter4712 division II as it relates to sound transmission control, chapter 19 as it48relates to protection of residential concrete exposed to freezing and thawing,49chapter 21 as it relates to prescriptive masonry construction in high wind50areas, chapter 23 as it relates to conventional light frame construction in51high wind areas, chapter 31 division III as it relates to patio cover, and52chapter 33 as it relates to excavation and grading, and chapter 34 as it53relates to existing structures; 7 1 (2) The latest edition of the Uniform Mechanical Code, published by the 2 International Conference of Building Officials; 3 (3) The latest edition of the Safety Code s for Elevators and 4 Escalators ,(ASME/ANSI A17.1),published by the 5 American Society of Mechanical Engineers and the American National Standards 6 Institute; 7 (4) The latest edition of the Life Safety Code, NFPA-101, published by 8 the National Fire Protection Association;and9 (5) The latest edition of the Uniform Code for Building Conservation, 10 published by the International Conference of Building Officials ; 11 (6) The latest edition of the Boiler and Pressure Vessel Code, published 12 by the American Society of Mechanical Engineers; and 13 (7) The latest editions of the Idaho General Safety and Health Standards 14 . 15 SECTION 8. That Section 39-4110, Idaho Code, be, and the same is hereby 16 repealed. 17 SECTION 9. That Section 39-4111, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 39-4111. PERMITS REQUIRED. It shall be unlawful for any person to do, or 20 cause or permit to be done, whether acting as principal, agent or employee, 21 any construction, improvement, extension or alteration of any building, resi- 22 dence or structure, coming under the purview of this chapter, in the state of 23 Idaho without first procuring a permit from theappropriate agency24division of building safety authorizing such work to be 25 done. 26 For the purposes of permit requirements for commercial coaches and modular 27 buildings, a single permit covering all aspects of construction shall be 28 issued by thedirectoradministrator . 29 SECTION 10. That Section 39-4113, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 39-4113. PLAN CHECKING -- MAXIMUM FEES. (1) Notwithstanding the provi- 32 sions of section 302(b), Uniform Building Code, 1985, thedirector33administrator shall establish a program for total plan 34 checking and permitissueissuance entirely within 35 thesafety inspection division of the departmentbuilding 36 bureau of the division . 37 (2) Plan review fees shall be as required by section 304(b38c ), Uniform Building Code, 1985. 39 (3) Each manufacturer of commercial coaches and modular buildings shall 40 submit the building plans for every model of such structure to the41directoradministrator for the purpose of review. The man- 42 ufacturer must certify that each such building plan meets the appropriate con- 43 struction and safety standards in force at that time before the model involved 44 is produced. 45 (4) Except as hereinafter provided, each school district shall submit to 46 thedepartment of labor and industrial servicesdivision of 47 building safety a set of working drawings and specifications for new 48 school buildings and additions or alterations to existing buildings which are 49 estimated to cost in excess of twenty-five thousand dollars ($25,000). The 50departmentdivision will review the plans for com- 8 1 pliance with the current editions of the codes specified in section 39-4109, 2 Idaho Code. These plans must be approved before the school district may adver- 3 tise for bids. A school district proposing a construction project which would 4 otherwise be subject to plan review under this subsection shall be exempt from 5 the provisions of this subsection if the project is located within the juris- 6 diction of a local government which has adopted the codes enumerated in sec- 7 tion 39-4109, Idaho Code, and if the plans are reviewed by plan examiners cer- 8 tified by the international conference of building officials. 9 SECTION 11. That Section 39-4114, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-4114. FEES. In all instances where thedepartment12 division enforces the codes enumerated in this act, thedirector13shalladministrator may establish and charge a reasonable 14 and uniform schedule of fees therefor, which shall not exceed the expenses of 15 providing such service. 16 SECTION 12. That Section 39-4115, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 39-4115. PERSONNEL. Thedepartmentdivision 19 shall employ a bureau chief, who shall in addition to his other duties, func- 20 tion as the executive director of the board, and supervise such 21 other personnel as necessary to effect enforcement of the codes herein enumer- 22 ated. All such employees shall be classified as prescribed in chapter 53, 23 title 67, Idaho Code. 24 SECTION 13. That Section 39-4116, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 39-4116. LOCAL GOVERNMENT ENFORCEMENT -- ASSISTANCE. (1) Local govern- 27 ments may, effective July 1 of any year, by affirmative action by reso-28lution or ordinance taken by the governing board of a local government, prior29to December 31 of the previous year, comply with the codes enumerated in this30chapter, and codes and rules promulgated pursuant to this chapter, and inspec-31tion and enforcement may be provided by the local government, or may be pro-32vided by the department if such local government opts to comply with the pro-33visions of this chapter but not to provide inspection and enforcement34 enforce their own adopted building and mechanical codes , except 35 that thedepartmentdivision shall retain jurisdic- 36 tionof inspection and enforcement of constructionfor 37 establishing minimum installation standardsand set-up codes38for mobile or manufactured homes,andfor 39 inspection and enforcement of construction standards for modular buildings and 40 commercial coaches, for the inspection and enforcement standards for 41 boilers, pressure vessels, and elevators; and, except as provided in 42 section 39-4113(4), Idaho Code, for review of public school construction 43 plans, whether or not a local government opts to comply with the other44provisions of this chapter. Any decision to comply with the provisions of this45chapter must be communicated to the director in writing, and compliance must46be for an entire year commencing July 1. The minimum codes a local government47must adopt in order to opt into this chapter are the latest editions of the9 1Uniform Building Code and the Uniform Mechanical Code. Except as listed in2subsection (2) of this section, the remaining codes enumerated in the act are3optional as to whether or not the local government wishes to adopt them.4(2) Regardless of whether or not a local government opts to comply with5other sections of this act, they shall adopt the Americans With Disabilities6Act (ADA) Part III, (Appendix A to Part 36-Standards for Accessible Design),7Accessibility Guidelines for Buildings and Facilities as published in the Fed-8eral Register Volume 56 No. 144 Friday, July 26, 1991 and subsequent editions9and this shall also be known as UBC Standard 31-1 and the Americans With Dis-10abilities Act (ADA) Part II, Accessibility Guidelines for Buildings and Facil-11ities, and Transportation Facilities as published in the Federal Register Vol-12ume 56 No. 173, Friday, September 6, 1991. 13 (32 ) All state building code 14 inspectors, including those of local governments which have opted to15comply with the provisions of this chapter,shall be certified as pro- 16 vided by section 39-4108, Idaho Code. 17 (43 ) Thedepartmentdivision 18 may contract to assist a local government in such matters as technical 19 assistance, code interpretation, education, training, personnel, and informa- 20 tion and dissemination of information and statistics. 21 (54 ) Thedepartmentdivision 22 may conduct or sponsor pre-entry and in-service education and training 23 programs on the technical, legal, and administrative aspects of building 24 code administration and enforcement. For this purpose, it may cooperate and 25 contract with educational institutions, local, state, regional or national 26 building officials' organizations, and any other appropriate organization. 27 (65 ) Local governmentswho do not exer-28cise their option may at any time of the yearmay contract 29 with thedepartmentdivision to administer the 30 building code enforcement program for them. The terms of such a contract shall 31 be negotiated between the local unit of government and thedirector32administrator . 33 SECTION 14. That Section 39-4116A, Idaho Code, be, and the same is hereby 34 repealed. 35 SECTION 15. That Section 39-4117, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 39-4117. NOTIFICATION FOR INSPECTION -- TIME LIMIT FOR BUILDING 38 INSPECTION. (1) It shall be the duty of the permit holder to notify the 39nearest representative of the appropriate inspection agency40 building bureau at leasttwelve (12)forty-eight 41 (48) hours prior to the time of inspection, exclusive of Saturdays, 42 Sundays and holidays, that he will be ready for inspection at a stipulated 43 time. 44 (2) Thedirector shalladministrator may , upon 45 recommendation of the board, establish byregulationrule 46 the time periodsstipulatedthat must elapse 47 before the failure ofana building inspector to 48 inspectshallallow s the permit holder to proceed 49 with work the same as if the inspection has been made. 50 SECTION 16. That Section 39-4120, Idaho Code, be, and the same is hereby 51 amended to read as follows: 10 1 39-4120. APPEALS TO BOARD -- JUDICIAL REVIEW. The board shall, within 2 twenty (20) days after receipt of notice for an appeal, hear such appeals 3 brought before it by persons affected by any code, rule, regulation4or decision pursuant to this act. Such proceedings shall be governed by 5 the provisions of chapter 52, title 67, Idaho Code. Final decisions of the 6 board, other than code interpretations,are subject to judicial 7 review in accordance with the provisions of chapter 52, title 67, Idaho Code. 8 SECTION 17. That Section 39-4121, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 39-4121. MODULAR BUILDINGS -- INSIGNIA OF APPROVAL -- INSTALLATION -- 11 MODIFICATION. (1) No modular building shall be installed on a building site in 12 this state on or after July 1, 1975, unless it is approved and bears the 13 insignia of approval of thedepartmentdivision . 14 (2) Any modular building bearing an insignia of approval of the15departmentdivision shall be deemed to comply with codes, 16 laws, orregulationsrules enacted by the state of 17 Idaho which govern the manufacturing and construction of such building. 18 (3) No modular building which has been approved by thedepartment19division shall be in any way modified prior to or during 20 installation by a manufacturer or installer unless approval of that modifica- 21 tion is first made by thedepartmentdivision 22 . 23 SECTION 18. That Section 39-4122, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-4122. COMMERCIAL COACHES -- ISSUANCE OF INSIGNIA -- COST. The26directoradministrator shall issue insignia for commercial 27 coaches which meet the requirements of the standards,and 28 rulesand regulationspromulgated by thedirector29administrator pursuant to this act. The cost of the insig- 30 nia, if issued, shall be included as a part of the fee schedule. 31 SECTION 19. That Section 39-4124, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 39-4124. "IDAHO BUILDING CODE FUND" ESTABLISHED. All money received by 34 thedepartmentdivision under the terms and provi- 35 sions of this act shall be paid into the state treasury, and shall be, by the 36 state treasurer, placed to the credit of the general fund in an account to be 37 known as the "Idaho building code fund," and all such moneys, hereafter placed 38 in said fund, are hereby set aside and appropriated to thedepartment39division to carry into effect the provisions of this act. 40 SECTION 20. That Section 39-4125, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 39-4125. INJUNCTION -- AFFIDAVIT SETTING OUT NONCONFORMITY. The43departmentdivision may obtain from a district court hav- 44 ing jurisdiction, a temporary injunction enjoining the construction of a 45 building(s) or installation of modular buildings on any building site upon 46 affidavit of thedepartmentdivision that such 47 building does not conform to the requirements of this chapter or to the rules 11 1and regulationsadopted pursuant to this chapter or any other 2 chapter of the state of Idaho relating to the building construction. The affi- 3 davit must set forth such violations in detail. The injunction may be made 4 permanent, in the discretion of the court. 5 SECTION 21. That Section 39-4126, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 39-4126. VIOLATIONS MISDEMEANORS. (1) Any person who wilfully violates 8 any provision of this chapter or who wilfully violates any provisions of the 9 codes enumerated in this chapter or promulgated by thedirector10 administrator pursuant to this chapter, is guilty of a misde- 11 meanor, and upon conviction, shall be fined not more than three hundred dol- 12 lars ($300), or imprisoned for not more than ninety (90) days or by both fine 13 and imprisonment. Violations of this chapter shall be tried in any court of 14 competent jurisdiction within the state of Idaho. 15 (2) A separate violation is deemed to have occurred with respect to each 16 building not in compliance with this chapter. Each day such violation contin- 17 ues constitutes a separate offense. 18 (3) The misdemeanor provisions of subsections (1) and (2) of this section 19 shall not apply to manufactured homes. Violations of manufactured home con- 20 struction and safety standards shall be tried in any court of competent juris- 21 diction. 22 SECTION 22. That Section 39-4128, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 39-4128. RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the25directoradministrator determines that standards for modu- 26 lar buildings and commercial coaches which have been adopted by the statutes 27 or regulations of another state are at least equal to the standards adopted by 28 thedirector, the directoradministrator, the administrator 29 may so provide byregulationrule . 30 (2) If thedirectoradministrator determines 31 that standards for modular buildings and commercial coaches have not been 32 adopted by another state, and modular buildings and commercial coaches from 33 that state are transported into this state to be offered for sale, the34directoradministrator may certify personnel to inspect 35 such modular buildings or commercial coaches. If thedirector36 administrator shall then determine that said units meet the stan- 37 dards of this state, the product shall be acceptable and thedirector38administrator may issue insignia for said modular building 39 or commercial coach. 40 SECTION 23. That Section 39-4130, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 39-4130. DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION -- EXAMINATION -- 43 POSTING -- RESTRAINT -- PENALTY. The administrator or his representative shall 44 have authority to enter places of employment at reasonable times, and inspect 45 safety and sanitary conditions, and whenever there is found to exist any 46 violation of any law or rule of this state relating to safety 47 and/or sanitary conditions or practices, or that the place of business and/or 48 equipment is not constructed and maintained in conformity with reasonable 49 standards of safety, or that any owner, lessor, lessee, agent, operator, man- 12 1 ager, or other person in charge is violating any minimum safety standard 2 adopted by the industrial commission under section 72-720, Idaho Code, 3 or the codes and standards enumerated in this chapter, the administra- 4 tor or his representative shall at once serve, or cause to be served, a writ- 5 ten order and/or notice upon the owner, lessor, lessee, agent, operator, man- 6 ager, or other person in charge of such place of employment, stating in detail 7 the unsafe and/or unsanitary condition or minimum safety standard being vio- 8 lated. 9 Upon receiving such written order or notice the owner, lessor, lessee, 10 agent, operator, manager, or other person in charge of such place of employ- 11 ment shall require all necessary changes to be made, without delay, within a 12 specified length of time set by the administrator or his representative. In 13 the event the unsafe and/or unsanitary condition is not abated within the 14 length of time specified by the administrator or his representative or if the 15 administrator or his representative finds that conditions or practices are 16 such that an unsafe and/or unsanitary condition exists which could reasonably 17 be expected to cause death or seriousphysical harminjury 18 immediately or before the condition of such unsafe and/or unsanitary 19 condition can be eliminated, he shall determine the extent of the area where 20 such unsafe and/or unsanitary condition exists, and thereupon issue an order 21 and/or notice requiring the owner, lessor, lessee, agent, operator, manager, 22 or other person in charge of said place of employment to cause all persons, 23 except those whose presence in such area are necessary to eliminate the danger 24 described in the order, to be withdrawn from, and to be restrained from enter- 25 ing such area or areas. The owner, lessor, lessee, agent, operator, or other 26 person in charge of a place of employment will assist the administrator or his 27 representative in posting such areas when in the judgment of the administrator 28 or his representative it is necessary to post such areas to prevent injury. It 29 shall be a misdemeanor to remove or deface such posted order or notice of such 30 unsafe and/or unsanitary conditions without permission to do so from the 31 administrator or his representative. 32 SECTION 24. That Section 39-4131, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 39-4131. INJUNCTION TO PREVENT OPERATIONS OR OCCUPANCY . Upon 35 the neglect or refusal of any owner, lessor, lessee, agent, operator, manager, 36 or other person in charge of a place of employment who has been notified to 37 comply with the requirements stated in any order or notice stating the unsafe 38 and/or unsanitary condition, such owner, lessor, lessee, agent, operator, man- 39 ager, or other person in charge of such place of employment, shall be deemed 40 guilty of a misdemeanor, and each day's continuance of such neglect or refusal 41 shall be a separate offense. The administrator or his representative may main- 42 tain an action in the name of the state of Idaho to enjoin any owner, lessor, 43 lessee, agent, operator, manager, or other person in charge of any place of 44 employment from doing any act in violation of an order of withdrawal and 45 restraint, or from doing any act which interferes with, hinders, or delays the 46 administrator or his representative from carrying out his statutory duties. 47 Such action shall be brought in the district court in which said acts or some 48 of them are claimed to have been or are being committed, by filing a verified 49 complaint setting forth said act or acts. The court or judge thereof if satis- 50 fied from such complaint or affidavits that the act or acts or lack of action 51 complained of have been or are being committed and will probably be persisted 52 in may issue a temporary writ without notice or bond enjoining the defendant 53 from the commission of any such act or acts pending final disposition of the 13 1 cause. The cause shall proceed as in other cases for injunction. If at the 2 trial the commission of said act or acts by the defendant be established, and 3 the court further finds that it is probable that the defendant will continue 4 therein or will continue in similar violations, the court or judge thereof 5 shall enter a decree enjoining said defendant from thereafter committing said 6 or similar act or acts.
STATEMENT OF PURPOSE
RS07319
This legislative proposal for the Building Bureau serves to eliminate much of the Act's
obsolete provisions or references, provide needed clarification, incorporate adopted safety
related codes with other adopted codes (394109) and modify the composition of the
Building Code Advisory Board to replace the manufactured housing representative with
needed mechanical engineer (394106).
FISCAL IMPACT
This legislation has no fiscal impact on the General Fund and does not contain any
proposed fee increases.
CONTACT
Name: Jack Rayne
Agency: Division of Building Safety
Phone: 334-3896
Statement of Purpose/Fiscal Impact
H 500