2000 Legislation
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HOUSE BILL NO. 678 – Uniform School Building Safety Code

HOUSE BILL NO. 678

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H0678..........................................................by EDUCATION
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
      Speaker
      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,
      Williams
      Absent and excused--Danielson, Davis, Geddes, Hawkins, McLaughlin,
      Parry, Thorne
    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

Bill Text


 H0678
                                                                        
                                                                        
  ||||              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
                                                                        
                                           2
                                                                        
  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
 41    code.
                                                                        
 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
 51    Code.
                                                                        
                                           3
                                                                        
  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.
                                                                        
                                           4
                                                                        
  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
 18    acts.
                                                                        
 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:
                                                                        
                                           5
                                                                        
  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
 33    jurisdictions.
                                                                        
 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.

Statement of Purpose / Fiscal Impact


     
                           
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                 STATEMENT OF PURPOSE
                       RS 10189 
     
     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
     buildings. 
     
     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. 
     
     
                    FISCAL IMPACT 
     
     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.
     
     
     
     Contact
               Name:     Representative Lee Gagner
     Phone: 208/332-1000
               Name:     Pamela I. Ahrens, Director, Dept. o f Admin.
     Phone: 208/332-1824
     Name: Gary Stivers, Director, Industrial Commission
     Phone: 208/334-6050
               Name:     Dave Munroe, Admin., Div. Of Building Safety
     Phone: 208/334-3950
     
     
     
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE             H678