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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
H0584
|||| 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
2 RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN, PLUMBING AND PLUMBERS, AND
3 THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 54-1006, IDAHO CODE, TO
4 DELETE REFERENCE TO THE POSITION OF CHIEF ELECTRICAL INSPECTOR AND TO MAKE
5 A TECHNICAL CORRECTION; AMENDING SECTION 54-2627, IDAHO CODE, TO DELETE
6 REFERENCE TO THE POSITIONS OF CHIEF INSPECTOR AND DEPUTY INSPECTORS;
7 AMENDING SECTION 67-2601, IDAHO CODE, TO PROVIDE THAT BUREAU CHIEFS IN THE
8 DIVISION OF BUILDING SAFETY ARE CLASSIFIED EMPLOYEES; PROVIDING LEGISLA-
9 TIVE INTENT; AND PROVIDING AN EFFECTIVE DATE.
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
2
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:
18 54-2627. APPOINTMENT OF INSPECTORS -- QUALIFICATIONS -- UNLAWFUL PRAC-
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:
35 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
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
3
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
4
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
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
twofold:
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