2000 Legislation
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HOUSE BILL NO. 584 – Bldg Safety/bureau chief/classified


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Daily Data Tracking History

H0584...........................................................by BUSINESS
BUILDING SAFETY DIVISION  - Amends existing law to delete statutory
references to chief electrical inspector, deputy plumbing inspector and
chief plumbing inspector; and to provide that bureau chiefs in the Division
of Building Safety are classified employees.
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Bus

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 584
                                   BY BUSINESS COMMITTEE
  1                                        AN ACT
 10    Be It Enacted by the Legislature of the State of Idaho:
 11        SECTION  1.  That  Section 54-1006, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
 13        54-1006.  IDAHO ELECTRICAL BOARD. (1) The Idaho electrical board,  herein-
 14    after known as the board, is hereby created and made a part of the division of
 15    building  safety. It shall be the responsibility and duty of the administrator
 16    of the division of building safety to administer and enforce the provisions of
 17    this act, and to serve as secretary to the  Idaho  electrical  board,  and  to
 18    appoint the chief electrical inspector.
 19        (2)  The  board  shall  consist of nine (9) members to be appointed by the
 20    governor with power of removal for cause. Two (2) members  shall  be  licensed
 21    journeymen or master electricians; two (2) members shall be employees or offi-
 22    cers  of  licensed  electrical contractors; one (1) member shall be a licensed
 23    specialty journeyman or contractor; one (1) member shall  be  an  employee  or
 24    officer  of  an electrical power provider; one (1) member shall be an employee
 25    or officer of a manufacturing plant or other large power user; one (1)  member
 26    shall  be an employee or director of a manufacturer or distributor of electri-
 27    cal supplies or materials; and one (1) member shall  be  from  the  public  at
 28    large  not  directly  associated  with  the electrical industry. Board members
 29    shall be appointed for a term of four (4) years. Whenever  a  vacancy  occurs,
 30    the  governor  shall  appoint  a  qualified person to fill the vacancy for the
 31    unexpired portion of the term.
 32        (3)  All members of the board shall be citizens of the United States, res-
 33    idents of this state for not less than two (2) years and shall be qualified by
 34    experience, knowledge and integrity in formulating rules for examinations,  in
 35    passing  on  the  fitness and qualifications of applicants for electrical con-
 36    tractor and journeyman electrician licenses and in establishing standards  for
 37    electrical  products  to  be used in electrical installations coming under the
 38    provisions of this act.
 39        (4)  The members of the board shall, at their first regular  meeting  fol-
 40    lowing  the  effective  date  of  this act and every two (2) years thereafter,
 41    elect by majority vote of the members of the board, a chairman who shall  pre-
 42    side at meetings of the board. In the event the chairman is not present at any
 43    board meeting, the board may by majority vote of the members present appoint a
  1    temporary  chairman. A majority of the members of the board shall constitute a
  2    quorum.
  3        (5)  The board is authorized and directed to  prescribe  and  amend  rules
  4    consistent  with this act for the administration of this chapter and to effec-
  5    tuate the purpose thereof, and for the examination and licensing of electrical
  6    contractors, journeyman electricians,  master  journeyman  electricians,  spe-
  7    cialty  electricians,  specialty  electrical contractors, specialty electrical
  8    trainees and apprentice electricians. The board shall also establish the clas-
  9    sifications for specialty  electrician  and  specialty  electrical  contractor
 10    licensing and the fees to be charged for permits and inspections of electrical
 11    systems. The board shall establish by administrative rule the fines to be paid
 12    for  citations  issued  for  violations of this act and the rules of the Idaho
 13    electrical board.
 14        (6)  Each member of the board not otherwise compensated by  public  moneys
 15    shall be compensated as provided by section 59-509(g), Idaho Code.
 16        SECTION  2.  That  Section 54-2627, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
 19    TICES.  The  administrator  of the division of building safety shall appoint a
 20    chief inspector and such number of deputy inspectors as may  be  required  for
 21    the  effective  enforcement  of  this  act. All inspectors shall be skilled in
 22    plumbing installations with not less than five (5)  years  actual  experience,
 23    shall  possess  certificates  of competency prior to appointment, and shall be
 24    fully familiar with the provisions of this act and  rules  made  by  both  the
 25    administrator and the Idaho plumbing board. No inspector employed by the divi-
 26    sion  of  building safety and assigned to the enforcement of this act shall be
 27    engaged or financially interested in a plumbing business, trade,  practice  or
 28    work,  or the sale of any supplies connected therewith, nor shall he act as an
 29    agent, directly or indirectly, for any person, firm,  copartnership,  associa-
 30    tion or corporation so engaged. Inspectors employed by municipalities electing
 31    to claim exemption under this act must possess the qualifications set forth in
 32    this section.
 33        SECTION  3.  That  Section 67-2601, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
 36    OCCUPATIONAL  LICENSES  CREATED. (1) There is hereby created the department of
 37    self-governing agencies. The department shall, for the purposes of section 20,
 38    article IV of the constitution of the state of Idaho, be an executive  depart-
 39    ment of the state government.
 40        (2)  The department shall consist of the following:
 41        (a)  agricultural  commodity  commissions: Idaho apple commission, as pro-
 42        vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as  pro-
 43        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
 44        by  chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
 45        by chapter 37, title 22, Idaho Code; Idaho dairy products  commission,  as
 46        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
 47        sion,  as  provided by chapter 35, title 22, Idaho Code; Idaho potato com-
 48        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
 49        mission, as provided by chapter 30, title 22, Idaho Code;  and  the  Idaho
 50        wheat commission, as provided by chapter 33, title 22, Idaho Code; and,
 51        (b)  professional  and occupational licensing boards: Idaho state board of
  1        certified public accountancy, as provided by chapter 2,  title  54,  Idaho
  2        Code;  board  of  architectural examiners, as provided by chapter 3, title
  3        54, Idaho Code; office of the state  athletic  director,  as  provided  by
  4        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
  5        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
  6        bar,  as provided by chapter 4, title 3, Idaho Code; board of chiropractic
  7        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
  8        cosmetology, as  provided by chapter 8, title 54, Idaho Code; Idaho  coun-
  9        selor  licensing  board,  as provided by chapter 34, title 54, Idaho Code;
 10        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 11        state  board  of  denturitry,  as  provided by chapter 33, title 54, Idaho
 12        Code; state board of engineering examiners, as  provided  by  chapter  12,
 13        title 54, Idaho Code; board of environmental health specialists examiners,
 14        as provided by chapter 24, title 54, Idaho Code; state board for registra-
 15        tion  of  professional  geologists,  as  provided by chapter 28, title 54,
 16        Idaho Code; board of hearing aid dealers and fitters, as provided by chap-
 17        ter 29, title 54, Idaho Code; Idaho state board of  landscape  architects,
 18        as  provided by chapter 30, title 54, Idaho Code; state board of medicine,
 19        as provided by chapter 18, title 54, Idaho Code, and its associated physi-
 20        cal therapist advisory board, as provided by chapter 22, title  54,  Idaho
 21        Code;  state  board  of  morticians,  as provided by chapter 11, title 54,
 22        Idaho Code; board of nurses, as provided by chapter 14,  title  54,  Idaho
 23        Code;  board  of  examiners of nursing home administrators, as provided by
 24        chapter 16, title 54, Idaho Code; state board of optometry, as provided by
 25        chapter 15, title 54, Idaho Code; Idaho outfitters and  guides  board,  as
 26        provided  by  chapter 21, title 36, Idaho Code; board of pharmacy, as pro-
 27        vided by chapter 17, title 54, Idaho Code; state  board  of  podiatry,  as
 28        provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol-
 29        ogist  examiners,  as provided by chapter 23, title 54, Idaho Code; public
 30        works contractors licensing board, as provided by chapter  19,  title  54,
 31        Idaho Code; Idaho real estate commission, as provided by chapter 20, title
 32        54,  Idaho  Code;  real estate appraiser board, as provided by chapter 41,
 33        title 54, Idaho Code; board of social work examiners, as provided by chap-
 34        ter 32, title 54, Idaho Code; the board of veterinary  medicine,  as  pro-
 35        vided  by  chapter 21, title 54, Idaho Code; and the board of examiners of
 36        residential care facility administrators, as provided by chapter 42, title
 37        54, Idaho Code.
 38        (c)  the board of examiners, pursuant to section 67-2001, Idaho Code.
 39        (d)  the division of building safety, to be headed by a division  adminis-
 40        trator and comprised of four (4) bureaus: plumbing, electrical, buildings,
 41        and logging and industrial safety. The division administrator  and  bureau
 42        chiefs  shall  be  a nonclassified employees exempt from the provisions of
 43        chapter 53, title 67, Idaho Code. The administrator of the division  shall
 44        administer the provisions of chapter 40, title 39, Idaho Code, relating to
 45        manufactured  homes and recreational vehicles; chapter 41, title 39, Idaho
 46        Code, relating to modular buildings; chapter 21,  title  44,  Idaho  Code,
 47        relating  to  manufactured  home  dealer and broker licensing; chapter 10,
 48        title 54, Idaho Code, relating to electrical contractors  and  journeymen;
 49        chapter  26,  title 54, Idaho Code, relating to plumbing and plumbers; and
 50        shall perform such additional duties as are imposed upon him by  law.  The
 51        division  administrator shall cooperate with the industrial commission and
 52        aid and assist the commission in its administration  of  sections  72-720,
 53        72-721  and 72-723, Idaho Code, and at the request of the commission shall
 54        make inspection of appliances, tools, equipment, machinery,  practices  or
 55        conditions, and make a written report to the commission. The administrator
  1        shall  make recommendations to the commission to aid the commission in its
  2        administration of sections 72-720, 72-721 and 72-723, Idaho Code, provided
  3        however, that nothing herein shall be construed  as  transferring  to  the
  4        administrator  any of the authority or powers now vested in the industrial
  5        commission.
  6        (3)  The bureau of occupational licenses  is  hereby  created  within  the
  7    department of self-governing agencies.
  8        SECTION  4.  It is the intent of the legislature that personnel who may be
  9    directly affected by the amendments to  law  under  Section  3  of  this  act,
 10    resulting  in  the reclassification of such employees, be transitioned as pro-
 11    vided by rule of the Division of Human Resources and Personnel  Commission  in
 12    IDAPA  15.04.01  for  nonclassified  employees who are brought into classified
 13    service by legislation or executive order. It is further  the  intent  of  the
 14    legislature  that the probationary period may be considered retroactive to the
 15    effective date of this act upon written certification by the administrator  of
 16    the division of building safety of satisfactory performance of such personnel,
 17    and  such personnel shall then be certified to permanent status without exami-
 18    nation.
 19        SECTION 5.  This act shall be in full force and effect on and  after  July
 20    1, 2000.

Statement of Purpose / Fiscal Impact

                STATEMENT OF PURPOSE 
                       RS 09405
      In 1996, the Legislature merged the Department of Labor and Industrial Services and the
     Department of Employment into a new Department of Labor. Under the reorganization, it was
     specifically provided that contracts of the Department of Labor and Industrial Services would be
     performed by a newly created Division of Building Safety, which was placed within the
     Department of Self-Governing Agencies.     It is not uncommon that certain details in the
     implementation of such a major restructuring effort are not immediately known, and it is
     understood that corrections will be made as they become known.      This legislation is offered in
     an effort to rectify discrepancies which have surfaced. The purpose of this proposed legislation is
               1.) To end the confusion which the terms "chief inspector" and "bureau chief" cause
          when referring to the chiefs of the electrical and plumbing bureaus.    Are the positions of
          chief inspector and bureau chief one and the same, or are there two positions? At the time
          of the reorganization, the inspector positions became outdated because the intent was for
          bureau chiefs to assume full responsibility for operations of the bureau. However, the
          language referring to inspectors was overlooked and has remained in law. By deleting
          reference to "inspector" in electrical and plumbing bureau laws and "deputy" inspectors
          in plumbing law, the original intent is carried out and only the positions of the electrical
          bureau chief and the plumbing bureau chief exist. 
               2.)   To make the organizational structure of the Division of Building Safety within the
          Department of Self-Governing Agencies similar to that of other departments, divisions
          and bureaus, in accordance with Section 67-2402, Idaho Code, by clarifying that
          personnel at the level of division administrator and higher are nonclassified employees,
          and personnel at the bureau chief level and lower are classified employees subject to the
          provisions of Chapter 53, Title 76, Idaho Code. 
     This legislation is endorsed by the Legislative Council's 1999 interim committee on Construction
     Industry Laws, which also recommended that this proposal be presented to the House Business
     Committee for its consideration in the 2000 session. 
                    FISCAL IMPACT 
     There is no fiscal impact from this legislation. 
     Contact:    Rep. Hilde Kellogg        (208) 352-1000 
               Idaho House of Representatives               
                                                                 STATEMENT OF PURPOSE/FISCAL NOTE                                  H 584