Print Friendly HOUSE BILL NO. 241 – Fire/life safety codes, out of city
HOUSE BILL NO. 241
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H0241...................................................by LOCAL GOVERNMENT
FIRE/LIFE SAFETY CODES - Amends existing law to provide that fire and other
life safety codes which are adopted by a city shall not apply to property
outside the corporate limits of the city but in the area of city impact
unless the city can show, by a valid, statistically accurate actuarial
study, that the public safety would be compromised.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 241
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO AREAS OF CITY IMPACT; AMENDING SECTION 50-1306, IDAHO CODE, TO
3 PROVIDE THAT FIRE AND OTHER LIFE SAFETY CODES ADOPTED BY A CITY SHALL NOT
4 APPLY TO PROPERTY OUTSIDE THE CORPORATE LIMITS OF THE CITY, BUT IN THE
5 AREA OF CITY IMPACT, UNLESS THE CITY CAN SHOW BY A VALID, STATISTICALLY
6 ACCURATE ACTUARIAL STUDY THAT THE PUBLIC SAFETY WOULD BE COMPROMISED; AND
7 DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 50-1306, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 50-1306. EXTRATERRITORIAL AUTHORITY -- PROPERTY WITHIN THE AREA OF CITY
12 IMPACT. All plats situate within an officially designated area of city impact
13 as provided for in section 67-6526, Idaho Code, shall be administered in
14 accordance with the provisions set forth in the adopted city or county zoning
15 and subdivision ordinances having jurisdiction , provided that any fire
16 or other life safety codes adopted by the city shall not apply to any prop-
17 erty located outside the corporate limits of the city unless the city can
18 show, by a valid, statistically accurate actuarial study, that the public
19 safety would be compromised by having the fire or other life safety code in
20 effect in the unincorporated areas of the county, rather than the fire or life
21 safety code in effect in the city, apply . In the situation where no
22 area of city impact has been officially adopted, all plats situate within one
23 (1) mile outside the limits of any incorporated city shall first be submitted
24 to the said city, and approved by the council of said city before the same
25 shall be recorded. Items which may be considered by the city include, but are
26 not limited to, continuity of street pattern, street widths, and drainage pro-
27 visions. If the city has adopted a subdivision ordinance and/or a comprehen-
28 sive plan, then these documents may be used as guidelines for approving plats.
29 Such city approval shall be in addition to county approval. Within one (1)
30 mile of the city, a city subdivision ordinance shall prevail over a county
31 subdivision ordinance unless the city and county mutually agree upon any dif-
32 ferences. Where the jurisdiction of two (2) cities overlaps, then the juris-
33 diction shall be assumed by the larger city.
34 SECTION 2. An emergency existing therefor, which emergency is hereby
35 declared to exist, this act shall be in full force and effect on and after its
36 passage and approval.
STATEMENT OF PURPOSE
The purpose of this legislation is to ameliorate conflicts where
cities are requiring infrastructure that, due to lack of public
water or sewer, result in an extreme, undue hardship on small
property owners. This amounts to a "taking" of their property
rights and the denial of approvals received from the county which
is the appropriate government constitutionally responsible for the
planning and control of the subject property.
There is no fiscal impact to the general fund.
CONTACT: Al Ames
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 241