Print Friendly HOUSE BILL NO. 678 – Uniform School Building Safety Code
HOUSE BILL NO. 678
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UNIFORM BUILDING SAFETY CODE - Adds to and amends existing law to create an
Idaho Uniform School Building Safety Code Commission which shall develop an
Idaho Uniform School Building Safety Code; and to provide for enforcement
of the Uniform School Building Safety Code.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Educ
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 44-25-1
AYES -- Alltus, Barraclough(Barraclough), Bieter, Black, Boe,
Campbell, Chase, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Gagner, Gould, Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz,
Mader, Marley, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Ridinger, Ringo, Robison, Schaefer, Sellman, Shepherd,
Smith, Smylie, Stoicheff, Stone, Tilman, Trail, Zimmermann, Mr
NAYS -- Barrett, Bell, Bruneel, Callister, Cheirrett, Clark,
Field(20), Geddes, Hadley, Hammond, Hansen(23), Hornbeck, Kendell,
Lake, Linford, Loertscher, McKague, Moss, Pearce, Reynolds, Sali,
Stevenson, Taylor, Wheeler, Wood
Absent and excused -- Hansen(29)
Floor Sponsor - Gagner
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Educ
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 21-7-7
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Deide,
Dunklin, Frasure, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh,
Riggs, Risch, Sandy, Sorensen, Stegner, Stennett, Whitworth
NAYS--Branch, Cameron, Darrington, Richardson, Schroeder, Wheeler,
Absent and excused--Danielson, Davis, Geddes, Hawkins, McLaughlin,
Floor Sponsor - Riggs
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 352
Effective: 04/14/00 - Sections 39-8005 &
39-8006 of Section 1
07/01/00 - Remainder of Section 1
and all of Section 2
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 678
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC SCHOOL BUILDING SAFETY; AMENDING TITLE 39, IDAHO CODE, BY
3 THE ADDITION OF A NEW CHAPTER 80, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT
4 TITLE, TO PROVIDE A DECLARATION OF PURPOSE, TO DESCRIBE THE SCOPE, TO PRO-
5 VIDE DEFINITIONS, TO CREATE THE IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE
6 COMMITTEE AND TO PROVIDE FOR THE MEMBERSHIP AND APPOINTMENT OF THE COMMIT-
7 TEE MEMBERS AND ORGANIZATION AND REIMBURSEMENT OF EXPENSES, TO PROVIDE FOR
8 DEVELOPMENT BY THE COMMITTEE OF THE IDAHO UNIFORM SCHOOL BUILDING SAFETY
9 CODE AND TO PROVIDE FOR AN INTERIM CODE, TO PROVIDE POWERS AND DUTIES OF
10 THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY, TO PROVIDE ADDI-
11 TIONAL DUTIES OF THE ADMINISTRATOR AND TO PROVIDE PROCEDURES IF HE IDENTI-
12 FIES AN IMMINENT SAFETY HAZARD, TO PROVIDE THAT THE ADMINISTRATOR MAY SEEK
13 AN INJUNCTION UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR APPEALS TO THE
14 BUILDING CODE ADVISORY BOARD, TO ADDRESS VIOLATIONS AND TO PROVIDE A
15 REMEDY FOR A WILFUL VIOLATION AND TO PROVIDE SEVERABILITY; AMENDING SEC-
16 TION 39-4113, IDAHO CODE, TO REMOVE THE EXEMPTION FROM CONSTRUCTION PLAN
17 REVIEWS FOR SCHOOL DISTRICTS AND TO REQUIRE THAT SCHOOL CONSTRUCTION OR
18 REMODELING PROJECTS BE INSPECTED BY CERTIFIED BUILDING INSPECTORS OR
19 LICENSED ARCHITECTS OR ENGINEERS; DECLARING AN EMERGENCY FOR SECTION
20 39-8005, IDAHO CODE, AND SECTION 39-8006, IDAHO CODE, AS ENACTED BY SEC-
21 TION 1 OF THIS ACT; AND PROVIDING AN EFFECTIVE DATE FOR THE REMAINING PRO-
22 VISIONS OF SECTION 1 OF THIS ACT AND FOR SECTION 2 OF THIS ACT.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
25 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
26 ter 80, Title 39, Idaho Code, and to read as follows:
27 CHAPTER 80
28 Uniform Public School Building Safety
29 39-8001. SHORT TITLE. This act, comprised of Sections 39-8001, 39-8002,
30 39-8003, 39-8004, 39-8005, 39-8006, 39-8007, 39-8008, 39-8009, 39-8010,
31 39-8011 and 39-8012, Idaho Code, shall be known and may be cited as the "Idaho
32 Uniform School Building Safety Act."
33 39-8002. DECLARATION OF PURPOSE. The purpose of this act is to assure the
34 safety of children and others who use Idaho's public schools by providing for
35 a uniform school building safety code to apply to school buildings and by
36 establishing procedures for achieving compliance with the code.
37 39-8003. SCOPE. This act shall apply to all facilities, existing now or
38 constructed in the future, that are owned, leased or used for educational pur-
39 poses by public school districts receiving state funding. The authority
40 granted under this act shall not prohibit local governments from acting to
1 enforce applicable building and fire codes.
2 39-8004. DEFINITIONS. As used in this act:
3 (1) "Administrator" means the administrator of the division of building
4 safety or his designated representative.
5 (2) "Day" shall mean a calendar day unless otherwise specified.
6 (3) "Imminent safety hazard" means a condition that presents an unreason-
7 able risk of death or serious bodily injury to occupants of a building.
8 (4) "Licensed professional" means a person licensed by the state of Idaho
9 as an architect or an engineer.
10 (5) "Local government" means any city or county of this state.
11 39-8005. IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE COMMITTEE CREATED --
12 APPOINTMENT -- TERMS -- QUORUM -- MEETINGS -- COMPENSATION. There is hereby
13 created within the office of the superintendent of public instruction the
14 Idaho uniform school building safety code committee, hereafter referred to as
15 the committee. The committee shall consist of nine (9) members and shall
16 include one (1) representative from each of the following: the office of the
17 superintendent of public instruction; the division of building safety; the
18 department of administration; and the insurance industry, appointed by the
19 department of insurance. The governor shall appoint three (3) members as fol-
20 lows: one (1) representative of local school boards; one (1) representative of
21 school superintendents and a chairman, all of whom shall serve at his pleas-
22 ure. The committee shall also include two (2) members of the Idaho legisla-
23 ture, one (1) appointed by the president pro tempore of the senate and one (1)
24 appointed by the speaker of the house of representatives. A majority of the
25 membership of the committee is a quorum. Upon completion of development of
26 the Idaho uniform school safety code provided for in section 39-8006, Idaho
27 Code, the committee shall meet at least annually to review and make any neces-
28 sary revisions to the Idaho uniform school safety code. Each member of the
29 committee shall be reimbursed for expenses as provided by section 59-509(b),
30 Idaho Code, for each day spent in attendance at meetings of the committee.
31 39-8006. COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE
32 -- INTERIM CODE. (1) The committee shall develop the Idaho uniform school
33 building safety code to be adopted by rule of the administrator pursuant to
34 section 39-8007, Idaho Code. The Idaho uniform school building safety code
35 shall address elements of the national codes identified in section 39-4109,
36 Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130.
37 (2) Until the Idaho uniform school building safety code is adopted by
38 rule pursuant to section 39-8007, Idaho Code, the national codes adopted under
39 section 39-4109, Idaho Code, and rule of the state board of education at IDAPA
40 08.02.02.130 shall serve as the interim Idaho uniform school building safety
42 39-8007. POWERS AND DUTIES OF THE ADMINISTRATOR. (1) The administrator
43 shall enforce the provisions of this chapter in cooperation with the superin-
44 tendent of public instruction, the department of administration, and the
45 building code advisory board.
46 (2) The administrator shall promulgate rules necessary to carry out the
47 provisions of this chapter. Such rules shall be promulgated pursuant to the
48 provisions of chapter 52, title 67, Idaho Code.
49 (3) The administrator shall establish a program for the timely review of
50 all public school construction plans as required by section 39-4113(4), Idaho
1 (4) Upon request, the administrator shall provide training to school dis-
2 tricts on the Idaho uniform school building safety code.
3 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
4 POSTING. (1) The administrator shall have authority to enter all public school
5 facilities covered by this chapter at reasonable times and inspect such facil-
6 ities for compliance with the Idaho uniform school building safety code.
7 (2) If the administrator finds a violation of the Idaho uniform school
8 building safety code that he concludes does not constitute an imminent safety
9 hazard, he shall notify in writing the district superintendent, principal,
10 board member, or other person in charge.
11 (3) If the administrator finds a violation of the Idaho uniform school
12 building safety code that he concludes constitutes an imminent safety hazard,
13 he shall immediately notify the department of administration and request that
14 the department of administration designate a licensed professional to inde-
15 pendently evaluate the condition prior to taking any action or issuing any
16 report under this chapter. The department of administration shall, within two
17 (2) working days, designate a licensed professional to independently evaluate
18 the condition identified. That licensed professional shall, within fourteen
19 (14) days, complete its independent evaluation of the condition identified by
20 the administrator and notify the director of the department of administration
21 of its conclusions.
22 (4) If the department of administration agrees with the determination of
23 the administrator that a condition identified constitutes an imminent safety
24 hazard, the department of administration shall, within three (3) working days,
25 so notify the administrator in writing.
26 (5) Upon receipt of such notification in writing, the administrator shall
27 immediately serve, or cause to be served, written notice or order upon the
28 district superintendent, principal, board member or other person in charge
29 describing the imminent safety hazard. The administrator shall also notify in
30 writing the state superintendent of public instruction of such imminent safety
31 hazard. Upon receipt of such written notice or order, the district superin-
32 tendent, principal, board member, or other person in charge shall require all
33 changes necessary to eliminate the imminent safety hazard be made, without
34 delay and within the time specified by the administrator in the notice or
35 order. If the condition presenting an imminent safety hazard is not corrected
36 within the specified time, or if the administrator determines that the condi-
37 tion constituting such imminent safety hazard could reasonably be expected to
38 cause death or serious physical harm before the condition can be eliminated,
39 he shall determine the extent of the area where such condition exists and
40 thereupon shall issue an order or notice requiring the district superintend-
41 ent, principal, board member, or other person in charge to cause all persons,
42 except those necessary to eliminate the condition, to be withdrawn from, and
43 to be restrained from entering, such area. The district superintendent, prin-
44 cipal, board member, or other person in charge shall assist the administrator
45 as necessary to post such areas to prevent injury.
46 (6) The administrator shall follow up on the district's progress in
47 addressing any identified imminent safety hazard to ensure that appropriate
48 corrective action was taken. The administrator may extend the time for com-
49 pleting corrective action if he deems necessary.
50 (7) Upon completion of corrective action and verification of such comple-
51 tion by the division of building safety and the department of administration,
52 the administrator shall provide a report to the state superintendent of public
53 instruction, the local superintendent of schools and the chair of the local
54 school board.
1 39-8009. INJUNCTION. Upon failure of the district superintendent, princi-
2 pal, board member, or other person in charge to comply with the requirements
3 stated in any notice or order relating to an imminent safety hazard, the
4 administrator may maintain an action in the name of the state of Idaho to
5 enjoin the district superintendent, principal, board member or other person in
6 charge from acting in violation of such notice or order or from doing any
7 action that interferes with the administrator carrying out his statutory
8 duties. Such action shall be brought in the district court in which said acts
9 are claimed to have been committed by filing a verified complaint setting
10 forth said act. The court, if satisfied from such complaint or affidavits that
11 the act complained of has been or is being committed and will persist, may
12 issue a temporary writ without notice or bond enjoining the defendant from the
13 commission of such act pending final disposition of the cause. The cause shall
14 proceed as in other causes for injunction. If, at the trial, the commission of
15 said act by the defendant be established and the court further finds it proba-
16 ble that the defendant will continue in such act or similar acts, the court
17 shall enter a decree enjoining said defendant from committing said or similar
19 39-8010. APPEAL TO BUILDING CODE ADVISORY BOARD. (1) The Idaho building
20 code advisory board shall, within ten (10) days after receipt of notice for an
21 appeal, hear such appeal brought before it by a school district affected by
22 any finding pursuant to this chapter that there exists in a school building a
23 violation of the uniform school building safety code, provided however, that
24 an appeal brought pursuant to this section shall not affect the ability of the
25 administrator to obtain an injunction pursuant to section 39-8009, Idaho Code.
26 Such hearing shall be governed by the provisions of chapter 52, title 67,
27 Idaho Code. Final decisions of the board, other than code interpretations,
28 are subject to judicial review in accordance with the provisions of chapter
29 52, title 67, Idaho Code.
30 (2) The board shall provide reasonable interpretations of the codes enu-
31 merated in this chapter.
32 (3) Within ten (10) days of the conclusion of the hearing, the board
33 shall render its findings and decisions in writing to the state superintendent
34 of public instruction, the director of the department of administration, the
35 administrator of the division of building safety and the appealing district.
36 39-8011. VIOLATIONS. (1) If a school district, the district superintend-
37 ent, principal, board member, or other person in charge willfully violates the
38 provisions of this chapter, the state superintendent of public instruction,
39 with the concurrence of the state board of education, shall withhold such
40 ensuing apportionments as are reasonably necessary to make corrective repairs
41 to address the identified imminent safety hazard.
42 (2) It is a misdemeanor to remove, without permission of the administra-
43 tor, a notice or order posted pursuant to this chapter.
44 39-8012. SEVERABILITY. If any portion of this act, or the application of
45 any provision of this act to any person or circumstance, shall be held
46 invalid, the remainder of this act, or the application of such provision to
47 persons or circumstances other than those to which it is held invalid, shall
48 not be affected.
49 SECTION 2. That Section 39-4113, Idaho Code, be, and the same is hereby
50 amended to read as follows:
1 39-4113. PLAN CHECKING -- MAXIMUM FEES AND INSPECTIONS. (1) Notwithstand-
2 ing the provisions of section 302(b), Uniform Building Code, 1985, the direc-
3 tor administrator shall establish a program for total plan checking and permit
4 issue entirely within the division of building safety. inspection division of
5 the department.
6 (2) Plan review fees shall be as required by section 304( bc), Uniform
7 Building Code, 1985.
8 (3) Each manufacturer of commercial coaches and modular buildings shall
9 submit the building plans for every model of such structure to the director
10 administrator for the purpose of review. The manufacturer must certify that
11 each such building plan meets the appropriate construction and safety stan-
12 dards in force at that time before the model involved is produced.
13 (4) Except as hereinafter provided, eEach school district shall submit to
14 the department of labor and industrial services division of building safety a
15 set of working drawings and specifications for new school buildings and addi-
16 tions or alterations to existing buildings which are estimated to cost in
17 excess of twenty-five thousand dollars ($25,000). The department division will
18 review the plans for compliance with the current editions of the codes speci-
19 fied in section 39- 41098006, Idaho Code. These plans must be approved before
20 the school district may advertise for bids. A school district proposing a
21 construction project which would otherwise be subject to plan review under
22 this subsection shall be exempt from the provisions of this subsection if the
23 project is located within the jurisdiction of a local government which has
24 adopted the codes enumerated in section 39-4109, Idaho Code, and if the plans
25 are reviewed by plan examiners certified by the international conference of
26 building officials Once plans are reviewed and approved by the division of
27 building safety pursuant to this section, no material change can be made to
28 such plans without review and approval of such change by the division of
29 building safety. To assure that building inspections are conducted statewide
30 for all school construction or remodeling governed by this chapter, building
31 inspections shall be performed by Idaho certified building inspectors or
32 licensed architects or engineers either employed by or contracted to local
34 SECTION 3. An emergency existing therefor, which emergency is hereby
35 declared to exist, Section 39-8005, Idaho Code, and Section 39-8006, Idaho
36 Code, as enacted by Section 1 of this act, shall be in full force and effect
37 on and after its passage and approval. The remaining provisions of Section 1
38 of this act, and Section 2 of this act, shall be in full force and effect on
39 and after July 1, 2000.
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STATEMENT OF PURPOSE
Idaho's children spend a good part of each weekday at school and their safety
while in school buildings should be of the utmost concern. This legislation creates
the Idaho Uniform School Building Safety Act, the purpose of which is to assure
the safety of Idaho's school children and others using Idaho's public school
Pursuant to this legislation, the Idaho Uniform School Building Safety Code
Committee (to be created within the Office of the Superintendent of Public
Instruction) will be charged with developing the Idaho Uniform School Building
Safety Code (to be adopted by rule). The code will be applicable to all facilities
used for educational purposes by public school districts receiving state funding.
The legislation provides for inspections for compliance with the Code. It also
provides a mechanism to close a school where an imminent safety hazard
(immediate risk of death or serious injury) is found by the Division of Building
Safety and independently verified by the Department of Administration.
The legislation also requires that plans for school construction and remodeling be
reviewed and approved by the Division of Building Safety and requires that
inspections of such construction and remodeling be done by Idaho certified
inspectors or licensed architects or engineers.
The Division of Building Safety estimates the cost of the rule promulgation
required under this statute to be between $2,000 and $5,000 for fiscal year 2001.
In the Governor's budget request, he recommended the addition of one FTP and
$200,000 in the Department of Administration, Division of Public Works budget.
The funds would be general fund monies as follows: $75,000 in personnel costs
for an engineer or an architect and $125,000 in operating funds to hire outside
professionals, if necessary.
Name: Representative Lee Gagner
Name: Pamela I. Ahrens, Director, Dept. o f Admin.
Name: Gary Stivers, Director, Industrial Commission
Name: Dave Munroe, Admin., Div. Of Building Safety
STATEMENT OF PURPOSE/FISCAL NOTE H678