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H0611...........................................................by BUSINESS
BUILDING CODES - Amends existing law to provide for the adoption of the
latest edition of the building code as published by the International Code
Council; to provide accessibility standards for those with disabilities; to
increase the membership of the Idaho Building Code Advisory Board; and to
provide a minimum level of certification for all building inspectors.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Bus
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kendell, Kunz, Linford, Loertscher, Mader,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Kempton, Lake, Marley, Wood
Floor Sponsors - Field(13), Chase
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Com/HuRes
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 34-1-0
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS--Hawkins
Absent and excused--None
Floor Sponsor - Davis
Title apvd - to House
04/05 To enrol - rpt enrol - Sp signed - Pres signed
04/06 To Governor
04/17 Governor signed
Session Law Chapter 465
Effective: 07/01/00
H0611
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 611
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BUILDING CODE ADVISORY ACT; AMENDING SECTION 39-4101,
3 IDAHO CODE, TO PROVIDE THE INTENT OF THE LEGISLATURE TO REQUIRE MINIMUM
4 CONSTRUCTION STANDARDS CONSISTENT WITH STANDARDS FOR ACCESSIBILITY FOR
5 THOSE WITH DISABILITIES; AMENDING SECTION 39-4106, IDAHO CODE, TO INCREASE
6 THE MEMBERSHIP OF THE IDAHO BUILDING CODE ADVISORY BOARD TO INCLUDE AN
7 ADDITIONAL LOCAL BUILDING OFFICIAL AND AN INDIVIDUAL WITH A DISABILITY
8 FROM AN ORGANIZATION REPRESENTING PEOPLE WITH ALL TYPES OF DISABILITIES
9 AND TO PROVIDE PROPER NOMENCLATURE; AMENDING SECTION 39-4107, IDAHO CODE,
10 TO PROVIDE FOR ADOPTION OF THE LATEST EDITION OF THE BUILDING CODE AS PUB-
11 LISHED BY THE INTERNATIONAL CODE COUNCIL, INCLUDING AMENDMENTS TO THE
12 BUILDING CODE IN ACCORDANCE WITH THE BOARD'S DETERMINATION OF ITS
13 EQUIVALENCY WITH THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDE-
14 LINES AND THE FAIR HOUSING ACT ACCESSIBILITY GUIDELINES, TO REQUIRE THE
15 BOARD TO PROVIDE FOR SUITABILITY OF ALTERNATE MATERIALS AND METHODS OF
16 CONSTRUCTION AND TO PROMOTE ADOPTION OF ACCESSIBILITY CODES, TO PROVIDE
17 FOR THE BOARD'S GENERAL RULEMAKING AUTHORITY AND TO PROVIDE PROPER NOMEN-
18 CLATURE; AMENDING SECTION 39-4108, IDAHO CODE, TO PROVIDE PROPER NOMENCLA-
19 TURE AND TO REQUIRE RECOGNITION OF A BUILDING INSPECTOR'S CERTIFICATION
20 FROM THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS OR THE INTERNA-
21 TIONAL CODE COUNCIL AS EQUIVALENT TO STATE CERTIFICATION AND TO MAKE A
22 TECHNICAL CORRECTION; AMENDING SECTION 39-4116, IDAHO CODE, TO REQUIRE
23 THAT LOCAL GOVERNMENTS ISSUING BUILDING PERMITS AND PERFORMING ENFORCEMENT
24 ACTIVITIES ADOPT THE MOST CURRENT BUILDING CODE, INCLUDING APPENDIX CHAP-
25 TERS PROVIDING FOR ACCESSIBILITY, TO DELETE OBSOLETE LANGUAGE AND TO
26 REQUIRE STATE CERTIFICATION OF ALL BUILDING CODE INSPECTORS INCLUDING
27 THOSE OF LOCAL GOVERNMENTS.
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That Section 39-4101, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes
32 and uniformity in procedures for enforcing building codes throughout the
33 nation and state are matters of nationwide and statewide concern and interest,
34 in that uniformity would enhance elimination of obsolete, restricting, con-
35 flicting, duplicating and unnecessary regulations and requirements which could
36 unnecessarily increase construction costs or retard the use of new materials
37 and methods of installation or provide unwarranted preferential treatment to
38 types or classes of materials or products or methods of construction.
39 The legislature also finds that the factory production of housing and
40 other buildings presents unique problems with respect to uniformity of codes
41 and inspections throughout this state and nation.
42 (2) It is the intent of the legislature to:
43 (a) Promote the health, safety and welfare of the occupants or users of
2
1 buildings and structures and the general public;
2 (b) Require minimum performance standards and requirements for construc-
3 tion and construction materials, consistent with accepted standards of
4 engineering, fire and safety, life safety and accessibility for those with
5 disabilities;
6 (c) Require standards and requirements in terms of performance, energy
7 efficiency, effect upon construction costs and consistency with nationally
8 accepted standards;
9 (d) Permit the use of modern technical methods, devices and improvements;
10 and
11 (e) Provide for a uniform interpretation of the building and safety codes
12 for the state of Idaho.
13 SECTION 2. That Section 39-4106, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-4106. IDAHO BUILDING CODE ADVISORY BOARD CREATED -- MEMBERSHIP --
16 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho
17 building code advisory board is established within the department as an
18 appeals, code adoption and variance, and advisory board, to be appointed by
19 the governor, and shall consist of seven nine (79) members: two one (21) mem-
20 bers of the general public,; one (1) of which can be a local fire official;
21 one (1) registered engineer; or one (1) licensed architect; one two (12) local
22 building inspector officials, one (1) from a county and one (1) from a city;
23 one (1) homebuilder or general contractor; one (1) representative of the modu-
24 lar building industry; and one (1) representative of the manufactured home
25 industry individual with a disability from an organization that represents
26 people with all types of disabilities. Board members shall be appointed for a
27 term of four (4) years. Three (3) consecutive failures by a member to attend
28 meetings of the board without reasonable cause shall constitute cause for
29 removal of the member from the board by the governor. Whenever a vacancy
30 occurs, the governor shall appoint a qualified person to fill the vacancy for
31 the unexpired portion of the term.
32 (2) The members of the board shall, at their first regular meeting fol-
33 lowing the effective date of this chapter and every two (2) years thereafter,
34 elect by majority vote of the members of the board, a chairman who shall pre-
35 side at meetings of the board. A majority of the members of the board shall
36 constitute a quorum. provided that said majority shall include at least one
37 (1) public member.
38 (3) Each member of the board not otherwise compensated by public moneys
39 shall be compensated as provided by section 59-509(g), Idaho Code, for each
40 day spent in attendance at meetings of the board.
41 (4) The board shall meet for regular business sessions at the call of the
42 director administrator, chairman, or at the request of three (3) members of
43 the board, provided that the board shall meet at least biannually.
44 SECTION 3. That Section 39-4107, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-4107. POWERS AND DUTIES. (1) The board shall determine the suitability
47 of alternate materials and methods of construction Upon publication of the
48 latest edition of the building code by the International Code Council, the
49 board shall initiate the process of developing legislation to provide for its
50 adoption under section 39-4109, Idaho Code. The board shall also determine
51 that building code's equivalency with the provisions of the Americans With
3
1 Disabilities Act Accessibility Guidelines and the Fair Housing Act Accessibil-
2 ity Guidelines. Upon finding that the building code under review does not pro-
3 vide an equivalent level of protection for those with disabilities, the board
4 shall promulgate rules to amend the code so as to minimize those deficiencies
5 to the maximum extent possible. The board shall complete the legislation
6 development process, code equivalency analysis and promulgation of rules as
7 needed to amend the code within twenty-four (24) months of its publication by
8 the International Code Council.
9 (2) The board shall function as a board of appeals and shall provide for
10 reasonable interpretations of the provisions of and suitability of alternate
11 materials and methods of construction as defined in the codes enumerated in
12 this act.
13 (3) The decisions of the board shall, in respect to code interpretations,
14 be final, and the board shall render all decisions and findings in writing to
15 the appropriate enforcement official and agency, the appellant, and the direc-
16 tor administrator within ten (10) days of the conclusion of a hearing.
17 (4) For each appeal brought before the board, the chairman shall appoint
18 not less than three (3) members of the board to hear the appeal and render a
19 decision and finding in the name of the board, provided at least one (1) mem-
20 ber of which shall be a public member.
21 (5) The board shall continually study the operation of adopted codes,
22 standards, rules and regulations relating to the construction of buildings to
23 ascertain their effect upon the public safety and support an ongoing effort to
24 promote the uniform adoption, application and interpretation of safety, acces-
25 sibility and building codes statewide.
26 (6) The board shall adopt the latest changes to the codes enumerated in
27 this act, and shall recommend to the director such amendments deemed necessary
28 for the safety of the public. Such amendments shall be promulgated only after
29 public hearings on the subject amendments.
30 (7) The board shall have the authority to promulgate rules in accordance
31 with chapter 52, title 67, Idaho Code, to implement the provisions of this
32 chapter.
33 (8) The board shall utilize experts, consultants, and technical advisors
34 for assistance and recommendations relative to codes, standards, and appeals.
35 SECTION 4. That Section 39-4108, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-4108. CERTIFICATION -- DURATION -- FEES -- RENEWAL -- REVOCATION OR
38 SUSPENSION -- HEARINGS. (1) The board is hereby authorized and empowered to
39 conduct examinations and to pass upon the qualifications of state and local
40 government inspectors, and the director administrator is hereby authorized and
41 empowered to grant and issue certificates of competency to such applicants as
42 are found to be qualified by the board to be engaged as building code inspec-
43 tors. All certificates issued hereunder shall not be transferable.
44 (2) All certificates shall bear the date of issue, the expiration date,
45 and shall expire on the first day of January three (3) years following the
46 date of issue, unless renewed as provided in this act.
47 (3) All applicants shall pay to the director at the time of application
48 for examination, a fee of twenty-five dollars ($25.00).
49 (4) Certification once issued under this act, unless revoked or suspended
50 as herein provided, may be renewed at any time during the month of December on
51 the third year following its issuance on the payment of the renewal fee of
52 fifteen dollars ($15.00), and any certification which has expired may be
53 renewed at any time within one (1) year from the first day of January next
4
1 following its issuance, by payment of the examination fee.
2 (5) The director administrator shall have the power to revoke or suspend
3 any certification if the same was obtained through error or fraud, or if the
4 holder thereof is shown to be grossly incompetent, or has wilfully willfully
5 violated any of the rules and regulations prescribed by said director adminis-
6 trator or as prescribed by this act; provided before any certification shall
7 be revoked or suspended, the holder thereof shall have written notice enumer-
8 ating the charges against him, and shall be given a hearing by said director
9 administrator. The provisions of chapter 52, title 67, Idaho Code, shall apply
10 to all cases of revocation or suspension of certification.
11 (6) The director administrator shall have power to appoint, by an order
12 in writing, any competent person to take testimony, who shall have power to
13 administer oaths, issue subpoenas and compel the attendance of witnesses, and
14 the decision of the director administrator shall be based on his examination
15 of the testimony taken and the records produced. Any person whose certifica-
16 tion has been revoked may, after the expiration of one (1) year from the date
17 of such revocation, but not before, apply for new certification.
18 (7) The administrator shall recognize a valid building inspector's certi-
19 fication from the International Conference of Building Officials or the Inter-
20 national Code Council as an equivalent to the state certification, and shall
21 issue a certificate of competency to anyone providing proof of said certifica-
22 tion upon receipt of all applicable fees.
23 SECTION 5. That Section 39-4116, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-4116. LOCAL GOVERNMENT ENFORCEMENT -- ASSISTANCE. (1) Local govern-
26 ments may, effective July 1 of any year, by affirmative action by resolution
27 or ordinance taken by the governing board of a local government, prior to
28 December 31 of the previous year, comply with the codes enumerated in this
29 chapter, and codes and rules promulgated pursuant to this chapter, and inspec-
30 tion and enforcement may be provided by the local government, or may be pro-
31 vided by the department if such local government opts to comply with the pro-
32 visions of this chapter but not to provide inspection and enforcement, except
33 that the department shall retain jurisdiction of inspection and enforcement of
34 construction standards and set-up codes for manufactured homes, and for
35 inspection and enforcement of construction standards for modular buildings and
36 commercial coaches, and, except as provided in section 39-4113(4), Idaho Code,
37 for review of public school construction plans, whether or not a local govern-
38 ment opts to comply with the other provisions of this chapter. Any decision to
39 comply with the provisions of this chapter must be communicated to the direc-
40 tor in writing, and compliance must be for an entire year commencing July 1.
41 The minimum codes a local government must adopt in order to opt into this
42 chapter are the latest editions of the Uniform Bbuilding Ccode, and the Uni-
43 form Mechanical Code. Except as listed in subsection (2) of this section, the
44 remaining codes enumerated in the act are optional as to whether or not the
45 local government wishes to adopt them.
46 (2) Regardless of whether or not a local government opts to comply with
47 other sections of this act, they shall adopt the Americans With Disabilities
48 Act (ADA) Part III, (Appendix A to Part 36-Standards for Accessible Design),
49 Accessibility Guidelines for Buildings and Facilities as published in the Fed-
50 eral Register Volume 56 No. 144 Friday, July 26, 1991 and subsequent editions
51 and this shall also be known as UBC Standard 31-1 and the Americans With Dis-
52 abilities Act (ADA) Part II, Accessibility Guidelines for Buildings and Facil-
53 ities, and Transportation Facilities as published in the Federal Register Vol-
5
1 ume 56 No. 173, Friday, September 6, 1991 local governments that issue build-
2 ing permits and perform enforcement activities as defined in the building code
3 shall adopt the most current building code as defined in section 39-4109,
4 Idaho Code, including the appendix chapter(s) providing for accessibility.
5 (3) All building code inspectors, including those of local governments
6 which have opted to comply with the provisions of this chapter, shall be cer-
7 tified as provided by section 39-4108, Idaho Code.
8 (4) The department may contract to assist a local government in such mat-
9 ters as technical assistance, code interpretation, education, training, per-
10 sonnel, and information and dissemination of information and statistics.
11 (5) The department may conduct or sponsor pre-entry and in-service educa-
12 tion and training programs on the technical, legal, and administrative aspects
13 of building code administration and enforcement. For this purpose, it may
14 cooperate and contract with educational institutions, local, state, regional
15 or national building officials' organizations, and any other appropriate orga-
16 nization.
17 (6) Local governments who do not exercise their option may at any time of
18 the year contract with the department to administer the building code enforce-
19 ment program for them. The terms of such a contract shall be negotiated
20 between the local unit of government and the director.
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STATEMENT OF PURPOSE
RS 09463C1
This legislation provides that the State and those local jurisdictions choosing to adopt a
building code and conducting building inspection services will utilize the most current
edition of the Building Code. It will also require that building inspectors be certified, by
meeting either the state certification requirements or those of the International
Conference of Building Officials or the International Code Council.
Currently, for buildings covered under the ADA and Fair Housing Act, most construction
review takes place only when accessibility questions are raised or violations have already
occurred. This legislation will benefit architects, developers, builders and owners by
creating clear standards for them to work from and thereby decreasing the numbers of
accessibility-related complaints and lawsuits. Also, this code will ensure that
approximately 138,000 Idahoans with disabilities have equal access to commercial
structures and residential opportunities.
It is the intent of this legislation to expand the Idaho Building Code Advisory Board by
two new members to provide better representation by local governments and those with
disabilities.
FISCAL IMPACT
Expanding membership of the Idaho Building Code Advisory Board by two members
will result in some additional costs associated with travel and meeting expenses. Mileage
reimbursement is 32.5 cents per mile and there will be other associated per diem costs.
Contact: Kelly Buckland
State Independent Living Council
(208) 334-3800
Rep. Debbie Field
(208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 611