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H0409........................................................by MR. SPEAKER
Requested by: Department of Insurance
FIRE SAFETY - Amends existing law to replace references in the Idaho Code
to the Uniform Fire Code with the International Fire Code, published by the
International Code Council.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Bus
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 59-4-7
AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kendell, Kunz, Lake, Loertscher, Mader, Martinez, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Young
NAYS -- Barrett, Langford, McKague, Pearce
Absent and excused -- Bedke, Gould, Hammond, Kellogg, Shepherd, Wood,
Mr. Speaker
Floor Sponsor - Kellogg
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Com/HuRes
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- Hawkins
Absent and excused -- None
Floor Sponsor - Dunklin
Title apvd - to House
03/13 To enrol
03/14 Rpt enrol - Sp signed - Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 86
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 409 BY MR. SPEAKER Requested by: Department of Insurance 1 AN ACT 2 RELATING TO FIRE SAFETY; AMENDING SECTION 18-3321, IDAHO CODE, TO PROVIDE REF- 3 ERENCES TO THE INTERNATIONAL FIRE CODE AND TO MAKE TECHNICAL CORRECTIONS; 4 AMENDING SECTIONS 22-3426, 39-1109 AND 39-2605, IDAHO CODE, TO PROVIDE 5 REFERENCES TO THE INTERNATIONAL FIRE CODE; AMENDING SECTIONS 41-253 AND 6 41-254, IDAHO CODE, TO PROVIDE REFERENCES TO THE LATEST EDITION OF THE 7 INTERNATIONAL FIRE CODE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 8 TION 41-256, IDAHO CODE, TO PROVIDE REFERENCES TO THE INTERNATIONAL FIRE 9 CODE; AMENDING SECTION 41-266, IDAHO CODE, TO PROVIDE A REFERENCE TO THE 10 LATEST EDITION OF THE INTERNATIONAL FIRE CODE; AMENDING SECTIONS 41-4903 11 AND 41-4911, IDAHO CODE, TO PROVIDE REFERENCES TO THE INTERNATIONAL FIRE 12 CODE; AMENDING SECTION 55-2014, IDAHO CODE, TO PROVIDE REFERENCES TO THE 13 INTERNATIONAL FIRE CODE AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING 14 SECTION 55-2714, IDAHO CODE, TO PROVIDE REFERENCES TO THE INTERNATIONAL 15 FIRE CODE. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 18-3321, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 18-3321. PERSONS EXEMPT. Unless the intent to injure the person or prop- 20 erty of another has been established, the provisions in sections18-3319, 21 Idaho Code, shall not apply to: 22 (1) Any public safety officer or member of the armed forces of the United 23 States or national guard while acting in his official capacity; 24 (2) Any person possessing a valid permit issued under the provisions of 25Idaho uniformthe international fire code, sections 41-253 and 41-254, Idaho 26 Code, or any employee of such permittee acting within the scope of his employ- 27 ment; 28 (3) Any person possessing a valid license as an importer, wholesaler, or 29 display operator under the provisions of the Idaho fireworks act, sections 30 39-2602, 39-2606, 39-2607, 39-2608, 39-2609, 39-2610, 39-2611 and 39-2612, 31 Idaho Code; 32 (4) A device which falls within the definition of a bomb or destructive 33 device when used on property owned or otherwise in the control of the person 34 using the device; 35 (5) Those licensed or permitted by the federal government to use or pos- 36 sess a bomb or destructive device. 37 (6) Those persons who possess a destructive device properly registered 38 and taxed under the provisions of the national firearms act, as amended, as to 39 possession of destructive devices properly registered to such persons. 40 SECTION 2. That Section 22-3426, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 22-3426. UNIFORMITY OF STATE PESTICIDE RULE. Notwithstanding any other 2 provision of law to the contrary, no city, county, taxing district or other 3 political subdivision of this state shall adopt or continue in effect any 4 ordinance, rule, regulation, resolution or statute regarding pesticide sale, 5 use, or application including without limitation: registration, notification 6 of use, advertising and marketing, distribution, application methods, applica- 7 tor training and certification, storage, transportation, disposal, disclosure 8 of confidential information or product composition. Nothing contained in this 9 section shall prohibit or limit fire prevention personnel or fire extinguish- 10 ing personnel of a city, county or fire protection district from conducting 11 inspections pursuant to or enforcing theUniformInternational Fire Code. 12 SECTION 3. That Section 39-1109, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 39-1109. FIRE SAFETY STANDARDS. (1) Day care centers shall comply with 15 the following fire safety standards in the area of the day care center in 16 which day care is provided: (a) adequate fire and smoke alarms; (b) a func- 17 tional telephone; (c) adequate fire extinguishers or other suitable arrange- 18 ments for extinguishing fires; and (d) adequate exits. Separate standards in 19 these categories shall also be developed for group day care facilities. 20 (2) No fire standards developed pursuant to this chapter shall be more 21 stringent than the standards contained in theUniformInternational Fire Code, 22 without supplementation by any other standard or code. 23 (3) In addition to the fire safety standards identified in subsection (1) 24 of this section, fire safety standards may be established to govern the maxi- 25 mum allowable ratio of children to staff subject to the following restric- 26 tions: 27 (a) In no event shall the child-staff ratio require more than one (1) 28 staff member to six (6) children for all children age eighteen (18) months 29 or less, more than one (1) staff member to twelve (12) children for all 30 children above age eighteen (18) months but less than five (5) years; and 31 more than one (1) staff member to eighteen (18) children for all children 32 whose age is five (5) years or more; 33 (b) No factors other than fire safety may be considered in establishing 34 child-staff ratios; 35 (c) All adults on the premises shall be counted as staff for purposes of 36 computing a child-staff ratio; and 37 (d) Each child shall count as one (1) child for purposes of computing a 38 child-staff ratio. 39 SECTION 4. That Section 39-2605, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-2605. PERMIT REQUIRED FOR PUBLIC DISPLAY OR OTHER EVENT USING FIRE- 42 WORKS. (1) The authority having jurisdiction may, at its discretion, issue a 43 permit for public display or other events in the following circumstances: 44 (a) After determining that the public display will be supervised by a 45 qualified person and will not constitute an unreasonable hazard to persons 46 or property. Appropriate national fire protection association oruniform47 international fire code provisions may be used as guidance for this deter- 48 mination. 49 (b) After determining that sales and use of fireworks outside the normal 50 sales period provided in section 39-2606, Idaho Code, or proposing the use 51 of fireworks in addition to nonaerial common fireworks will not constitute 3 1 an unreasonable hazard to persons or property. 2 (2) An application for a permit for public display or other event shall 3 be on a form approved by, and contain the information reasonably requested by, 4 the authority having jurisdiction. 5 (3) The permit shall be nontransferable, shall list the specific date or 6 dates upon which the display or event shall occur and the types of fireworks 7 and uses that will be allowed. 8 (4) A bond or valid certificate of public liability and property-casualty 9 insurance providing coverage of up to one million dollars ($1,000,000) for 10 personal injury and property damage may be required at the time of application 11 for public display of special fireworks. 12 (5) The authority having jurisdiction may assess a fee for issuing a per- 13 mit for public display under this section which shall not exceed one hundred 14 twenty-five dollars ($125). There shall be no fee for the issuance of a permit 15 for any event other than a public display event. 16 (6) Alteration of fireworks may be performed by a person in possession of 17 a valid public display permit. 18 SECTION 5. That Section 41-253, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 41-253. STATEMENT OF PURPOSE -- ADOPTION OFUNIFORMINTERNATIONAL FIRE 21 CODE. (1) The purpose ofthis actsections 41-253 through 41-269, Idaho Code, 22 is to protect human life from fire, and to prevent fires.This act isThese 23 sections are intended to prescribe regulations consistent with nationally rec- 24 ognized good practice for the safeguarding of life and property from hazards 25 of fire and explosion arising from the storage, handling and use of hazardous 26 substances, materials, and devices, and from conditions hazardous to life or 27 property in the use or occupancy of buildings or premises, and there is hereby 28 adopted the "UniformInternational Fire Code","19792000 edition,with the291981 supplement,with appendices thereto, published by theWestern Fire Chiefs30Association and the International Conference of Building OfficialsInterna- 31 tional Code Council, Inc. and such later editions as may be so published and 32 adopted by the state fire marshal, as the minimum standards for the protection 33 of life and property from fire and explosions in the state of Idaho. 34 (2) For the purposes ofthis actsections 41-253 through 41-269, Idaho 35 Code, the "uniformInternationalfFirecCode" shall mean the publications as 36 adopted under subsection (1) of this section. 37 SECTION 6. That Section 41-254, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 41-254. POWERS AND DUTIES OF STATE FIRE MARSHAL --UNIFORMINTERNATIONAL 40 FIRE CODE, ENFORCEMENT AND REGULATIONS -- REPORTS. The state fire marshal 41 shall be appointed by the director of the department of insurance, with the 42 approval of the governor and shall serve at the pleasure of the director. The 43 state fire marshal shall have the following powers and duties: 44 1. To enforce theuniforminternational fire code. 45 2. To prescribe regulations in addition to theuniforminternational fire 46 code as adopted, which may be deemed necessary for the prevention of fires and 47 protection of life and property, and such regulations are to be enforced by 48 the state fire marshal. 49 3. To make interpretations and rules of the intent of the various provi- 50 sions of theuniforminternational fire code as adopted. 51 4. To adopt, rescind, modify or amend rules and regulations for the exer- 4 1 cise of functional powers and duties. 2 5. To transmit to the governor and legislature, on or before the 15th day 3 of July of every year, a full report of proceedings underthis actsections 4 41-253 through 41-269, Idaho Code, and such statistics as he may wish to 5 include therein unless some other time for reporting is fixed by law, and such 6 report shall be available to the public. 7 6. To make recommendations for amendments to theuniforminternational 8 fire code to be submitted to the promulgating authority for its consideration. 9 7. To have exclusive jurisdiction over single service integrated fire 10 sprinkler systems. A "single service integrated fire sprinkler system" is 11 defined as an integrated system of underground and overhead piping, valves and 12 sprinklers used exclusively for fire protection purposes and designed in 13 accordance with fire protection engineering standards, including theuniform14 international fire code, beginning with the first connection to a public 15 water system regardless of the existence or location of a back flow prevention 16 device. 17 8. No person shall be eligible to serve as state fire marshal unless he: 18 (a) Has had at least twelve (12) years' full-time paid experience with a 19 state, city or county fire protection agency whose primary function is 20 fire prevention and structural fire safety, including at least five (5) 21 years' experience in an administrative capacity as the chief agency offi- 22 cer; or 23 (b) Holds a four (4) year college degree in one of the physical sciences 24 and has had at least five (5) years' full-time experience in fire protec- 25 tion and structural fire safety with a fire protection agency; or 26 (c) Is a member of the American society of fire protection engineers. 27 SECTION 7. That Section 41-256, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 41-256. ASSISTANTS TO STATE FIRE MARSHAL. The chief of the fire depart- 30 ment, or his deputy, of every city or county, or fire protection district 31 organized under state law in which a fire department is established, and in 32 areas where no organized fire department exists the county sheriff, or his 33 deputy, shall be assistants to the state fire marshal in carrying out the pro- 34 visions of theuniforminternational fire code and such other regulations as 35 set forth by the fire marshal. 36 SECTION 8. That Section 41-266, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 41-266. ADMISSION OFUNIFORMINTERNATIONAL FIRE CODE IN EVIDENCE. A copy 39 of theuniforminternational fire code,19792000 edition,with 1981 supple-40ment,or later editions and supplements adopted by the state of Idaho, shall 41 be received in any court in this state as conclusive evidence of the contents 42 of said code. 43 SECTION 9. That Section 41-4903, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 41-4903. DEFINITIONS. For the purposes of this chapter: 46 (1) "Above groundAboveground storage tank" means any one (1) or a combi- 47 nation of tanks, including pipes connected thereto, that is used to contain an 48 accumulation of petroleum or petroleum products, and the volume of which, 49 including the volume of pipes connected thereto, is less than ten percent 5 1 (10%) beneath the surface of the ground. This term does not include a heating 2 tank, farm tank or residential tank or any tank with a capacity of one hundred 3 ten (110) gallons or less. 4 (2) "Accidental release" means any sudden or nonsudden release of petro- 5 leum from a storage tank that results in a need for corrective action or com- 6 pensation for bodily injury or property damage neither expected nor intended 7 by the tank owner or operator. 8 (3) "Administrator" means a person, other than the trustee, employed by 9 the trustee to administer the Idaho petroleum clean water trust fund. 10 (4) "Application fee" means the amount paid or payable by an owner or 11 operator applying for a contract of insurance with the trust fund to offset 12 the costs of issuing contracts of insurance and other costs of administering 13 this fund. 14 (5) "Board" means the board of directors of the state insurance fund as 15 established by section 72-901, Idaho Code. 16 (6) "Bodily injury" means any bodily injury, sickness, disease or death 17 sustained by any person and caused by an occurrence defined in subsection (19) 18 of this section. 19 (7) "Contamination" means the presence of petroleum or petroleum products 20 in surface or subsurface soil, surface water, or ground water. 21 (8) "Commission" means the state tax commission of the state of Idaho. 22 (9) "Corrective action" means those actions as are reasonably necessary 23 to satisfy applicable federal and state standards in the event of a release 24 into the environment from a petroleum storage tank. Corrective action includes 25 initial corrective action response or actions consistent with a remedial 26 action to clean up contaminated soil and ground water or address residual 27 effects after initial corrective action is taken, as well as actions necessary 28 to monitor, assess and evaluate a release. Corrective action also includes the 29 cost of removing a tank which is releasing or has been releasing petroleum 30 products and the release cannot be corrected without removing the tank; but 31 corrective action does not include the cost of replacing this tank with 32 another tank. 33 (10) "Department" means the department of insurance of the state of Idaho. 34 (11) "Director" means the director of the department of insurance. 35 (12) "Farm tank" means any tank with a capacity of more than one hundred 36 ten (110) gallons but less than one thousand one hundred (1,100) gallons situ- 37 ated above ground or underground which is used for storing motor fuel for non- 38 commercial purposes and which is located on a tract of land devoted to the 39 production of crops or raising animals, including fish, and associated resi- 40 dences and improvements. A farm tank must be located on the farm property. 41 "Farm" includes fish hatcheries, rangeland and nurseries with growing opera- 42 tions. 43 (13) "Free product" means petroleum or petroleum products in the 44 nonaqueous phase, (e.g., liquid not dissolved in water). 45 (14) "Fund" or "trust fund" means the Idaho petroleum clean water trust 46 fund. 47 (15) "Heating tank" means any tank with a capacity of more than one hun- 48 dred ten (110) gallons situated above ground or underground which is used for 49 storing heating oil for consumptive use on the premises where stored. 50 (16) "Legal defense costs" means any expense that an owner or operator or 51 the trust fund incurs in defending against claims or actions brought by the 52 federal environmental protection agency or a state agency to require correc- 53 tive action or to recover the costs of corrective action; or by or on behalf 54 of a third party for bodily injury or property damage caused by a release. 55 (17) "Licensed distributor" means any distributor who has obtained a 6 1 license under the provisions of section 63-2427A, Idaho Code. If a person sub- 2 ject to the fee imposed by section 41-4908(6), Idaho Code, is not required to 3 obtain a distributor's license under the provisions of chapter 24, title 63, 4 Idaho Code, such person shall apply to the commission for a limited license 5 for the purpose of complying with the requirements of this chapter. Such a 6 limited license shall not be valid for any other purpose. No bond shall be 7 required for a limited license. A holder of a limited license is a "licensed 8 distributor" for the purposes of filing reports, paying fees and other actions 9 necessary to the proper administration and enforcement of this chapter. 10 (18) "Manager" means the duly appointed manager of the state insurance 11 fund of the state of Idaho. 12 (19) "Noncommercial purposes" means not for resale, with respect to motor 13 fuels. 14 (20) "Occurrence" means an accident, including continuous or repeated 15 exposure to conditions, which resulted in a release into the environment of 16 petroleum products from a petroleum storage tank. 17 (21) "Operator" means any person in control, or having responsibility for, 18 the daily operations of a petroleum storage tank. 19 (22) "Owner" means the owner of a petroleum storage tank, except that 20 "owner" does not include any person who, without participation in the manage- 21 ment of a petroleum storage tank, holds indicia of ownership primarily to pro- 22 tect the owner's security interest in the tank. 23 (23) "Person" means any corporation, association, partnership, one (1) or 24 more individuals, or any governmental unit, or agency thereof, other than fed- 25 eral or state agencies. 26 (24) "Petroleum" and/or "petroleum products" mean crude oil, or any frac- 27 tion thereof, which is liquid at standard conditions of temperature and pres- 28 sure (i.e., at sixty (60) degrees fahrenheit and fourteen and seven-tenths 29 (14.7) pounds per square inch absolute). The term includes motor gasoline, 30 gasohol, other alcohol blended fuels, diesel fuel, heating oil and aviation 31 fuel. 32 (25) "Property damage" means injury or destruction to tangible property 33 caused by an occurrence. 34 (26) "Release" means any spilling, leaking, emitting, discharging, escap- 35 ing, leaching, or disposing from a petroleum storage tank into ground water, 36 surface water, or surface or subsurface soils. 37 (27) "Residential tank" means any tank with a capacity of more than one 38 hundred ten (110) gallons but less than one thousand one hundred (1,100) gal- 39 lons situated above ground or underground which is used for storing motor fuel 40 for noncommercial purposes and which is located on property used primarily for 41 dwelling purposes. 42 (28) "Site" means a single parcel of property where petroleum or petroleum 43 products are stored in a petroleum storage tank and includes all contiguous 44 land, structures, other appurtenances, surface water, ground water, surface 45 and subsurface soil, and subsurface strata within and beneath the property 46 boundary. 47 (29) "State" means the state of Idaho or any office, department, agency, 48 authority, commission, board, institution, hospital, college, university or 49 other instrumentality thereof. 50 (30) "Tank" means a stationary device designed to contain an accumulation 51 of petroleum or petroleum products and constructed of nonearthen materials 52 (e.g., concrete, steel, plastic) that provide structural support. 53 (31) "Trustee" means the trustee of the Idaho petroleum clean water trust 54 fund, who for the purposes of this chapter shall be the manager of the state 55 insurance fund of the state of Idaho. 7 1 (32) "Underground storage tank" means any one (1) or combination of tanks, 2 including underground pipes connected thereto, that is used to contain an 3 accumulation of petroleum or petroleum products, and the volume of which, 4 including the volume of underground pipes connected thereto, is ten percent 5 (10%) or more beneath the surface of the ground. This term does not include 6 any: 7 (a) Farm or residential tank of one thousand one hundred (1,100) gallons 8 or less capacity used for storing motor fuel for noncommercial purposes; 9 (b) Tank used solely for storing heating oil for consumptive use on the 10 premises where stored; 11 (c) Septic tank; 12 (d) Pipeline facility including gathering lines regulated under: 13 (i) The natural gas pipeline safety act of 1968 (49 U.S.C. app. 14 1671, et seq.); or 15 (ii) The hazardous liquid pipeline safety act of 1979 (49 U.S.C. 16 app. 2001, et seq.); or 17 (iii) State laws comparable to the provisions of the law referred to 18 in paragraph (d)(i) or (d)(ii) of this subsection as an intrastate 19 pipeline facility; 20 (e) Surface impoundment, pit, pond or lagoon; 21 (f) Storm water or wastewater collection system; 22 (g) Flow-through process tank; 23 (h) Liquid trap or associated gathering lines directly related to oil or 24 gas production and gathering operations; 25 (i) Storage tank situated in an underground area (such as a basement, 26 cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situ- 27 ated upon or above the surface of the floor; 28 (j) Tanks with a capacity of one hundred ten (110) gallons or less. 29 The term "underground storage tank" does not include any pipes connected to 30 any tank which is described in paragraphs (a) through (i) of this definition. 31 (33) "Underground storage tank regulations" means regulations for petro- 32 leum storage tanks promulgated by the United States environmental protection 33 agency (EPA) pursuant to subtitle I of the solid waste disposal act, as 34 amended by the resource conservation and recovery act, regulations promulgated 35 by the state of Idaho as part of a state program for underground storage tank 36 regulation under subtitle I, or other regulations affecting underground stor- 37 age tank operations and management, including theuniforminternational fire 38 code adopted by the state of Idaho. 39 SECTION 10. That Section 41-4911, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 41-4911. STORAGE TANKS ELIGIBLE FOR INSURANCE. (1) Eligible storage tanks 42 are those tanks that meet all of the following criteria: 43 (a) Appropriate fees required in section 41-4908, Idaho Code, or section 44 41-4910A, Idaho Code, have been paid; 45 (b) The tank, if an underground storage tank, is in compliance with 46 applicable federal and state underground storage tank rules and regula- 47 tions; 48 (c) The tank is used only for storage of petroleum products; 49 (d) The tank, if an underground storage tank, passes a tank tightness 50 test; 51 (e) The tank, if an aboveground storage tank, is in compliance with state 52 and federal rules and regulations including theuniforminternational fire 53 code. If an aboveground tank is exempt from state or federal rules and 8 1 regulations and/or theuniforminternational fire code by virtue of its 2 being installed prior to the effective date of such rules and regulations 3 or theuniforminternational fire code, such tank is not eligible unless 4 it passes a tank tightness test; 5 (f) The tank, if a farm tank or residential tank, is in compliance with 6 any applicable state or federal rules and regulations; 7 (g) Any contamination caused by or released by or from the tank has been 8 cleaned up, or a plan for cleanup or removal approved by the Idaho depart- 9 ment of environmental quality, is being implemented; provided, however, 10 that the trust fund shall not pay for any costs associated with prior con- 11 tamination. 12 (2) Any tank which is a part of a refiner's terminal or a tank directly 13 supplied by a pipeline shall not be eligible. 14 SECTION 11. That Section 55-2014, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 55-2014. TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant 17 of a mobile home park may file an action against a landlord for damages and 18 specific performance for: 19 (a) Failure to maintain in good working order, to the terminal point of 20 service, electrical, water or sewer services supplied by the landlord; 21 (b) Maintaining the premises in a manner hazardous to the health or 22 safety of the tenant, including, but not limited to, a continuing viola- 23 tion of any of the following: 24 (i) Any rule adopted by the department of environmental quality 25 governing public drinking water systems; 26 (ii) Any rule adopted by the department of environmental quality 27 governing hazardous waste; 28 (iii) Any rule adopted by the public health district in which the 29 mobile home park is located governingwaste waterwastewater and on- 30 site sewage treatment systems; 31 (iv) Any provision of theuniforminternational fire code, as 32 amended by the provisions of any fire code adopted by the county or 33 municipality in which the mobile home park is located; 34 (v) Any provision of the uniform building code, as amended by the 35 provisions of any building code adopted by the county or municipality 36 in which the mobile home park is located. 37 Nothing contained in the provisions of this subsection is intended to 38 extend the application of any such rule or code provision to a previously 39 existing condition which, as of July 1, 1993, was exempt from the enforce- 40 ment of such rule or code provision. 41 (c) Failure to return a security deposit as and when required by law; 42 (d) Breach of any term or provision of the lease or rental agreement 43 materially affecting the health and safety of the tenant, whether explic- 44 itly or implicitly a part thereof. 45 (2) Upon filing the complaint, a summons must be issued, served and 46 returned as in other actions; provided however, that in an action exclusively 47 for specific performance, at the time of issuance of the summons, the court 48 shall schedule a trial within twelve (12) days from the filing of the com- 49 plaint, and the service of the summons, complaint and trial setting on the 50 defendant shall be not less than five (5) days before the day of trial 51 appointed by the court. If the plaintiff brings an action for damages under 52 this section, or combines this action for damages with an action for specific 53 performance, the early trial provision shall not be applicable, and a summons 9 1 must be issued returnable as in other cases upon filing the complaint. 2 (3) In an action under this section, the plaintiff, in his complaint, 3 must set forth the facts on which he seeks to recover, describe the premises, 4 and set forth any circumstances which may have accompanied the failure or 5 breach by the landlord. 6 (4) If, upon the trial, the verdict of the jury, or, if the case be tried 7 without a jury, the finding of the court, be in favor of the plaintiff against 8 the defendant, judgment shall be entered for such special damages as may be 9 proven. General damages may be awarded but shall not exceed five hundred dol- 10 lars ($500). Judgment may also be entered requiring specific performance for 11 any breach of agreement shown by the evidence, and for costs and disburse- 12 ments. 13 (5) Before a tenant shall have standing to file an action under this sec- 14 tion, he must give his landlord three (3) days' written notice, listing each 15 failure or breach upon which his action will be premised and written demand 16 requiring performance or cure. If, within three (3) days after service of the 17 notice, any listed failure or breach has not been performed or cured by the 18 landlord, the tenant may proceed to commence an action for damages and spe- 19 cific performance. 20 (6) The notice required in subsection (5) of this section shall be served 21 either: 22 (a) By delivering a copy to the landlord or his agent personally; or 23 (b) If the landlord or his agent is absent from his usual place of busi- 24 ness, by leaving a copy with an employee at the usual place of business of 25 the landlord or his agent; or 26 (c) By sending a copy of the notice to the landlord or his agent by cer- 27 tified mail, return receipt requested. 28 SECTION 12. That Section 55-2714, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 55-2714. TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant 31 of a floating home marina may file an action against a landlord for damages 32 and specific performance for: 33 (a) Failure to maintain in good working order, to the terminal point of 34 service, electrical, water or sewer services supplied by the landlord; 35 (b) Maintaining those portions of the premises open to use by the tenant 36 in a manner hazardous to the health or safety of the tenant including, but 37 not limited to, a continuing violation of any of the following: 38 (i) Any rule adopted by the department of environmental quality 39 governing public drinking water systems; 40 (ii) Any rule adopted by the department of environmental quality 41 governing hazardous waste; 42 (iii) Any rule adopted by the public health district in which the 43 floating home marina is located governing wastewater and on-site sew- 44 age treatment systems; 45 (iv) Any provisions of theuniforminternational fire code, as 46 amended by the provisions of a fire code adopted by the county or 47 municipality in which the floating home marina is located; 48 (v) Any provisions of the uniform building code, as amended by the 49 provisions of any building code adopted by the state, county or 50 municipality in which the floating home marina is located. 51 (c) Material breach of any specific term of a rental agreement. 52 (2) Upon filing the complaint, a summons must be issued, served and 53 returned as in other actions. Provided however, that in an action exclusively 10 1 for specific performance, at the time of issuance of the summons, the court 2 shall schedule a trial within twelve (12) days from the filing of the com- 3 plaint, and the service of the summons, complaint and trial setting on the 4 defendant shall be not less than five (5) days before the day of trial 5 appointed by the court. If the plaintiff brings an action for damages with an 6 action for specific performance, the early trial provision shall not be 7 applicable, and a summons must be issued returnable as in other cases upon 8 filing the complaint. 9 (3) In an action under this section, the plaintiff, in his complaint, 10 must set forth facts on which he seeks to recover, describe the premises, and 11 set forth any circumstances which may have accompanied the failure or breach 12 by the landlord. 13 (4) If upon the trial, the verdict of the jury, or, if the case be tried 14 without a jury, the finding of the court, be in favor of the plaintiff against 15 the defendant, judgment shall be entered for such special damages as may be 16 proven. General damages may be awarded but shall not exceed five hundred dol- 17 lars ($500). Judgment may also be entered requiring specific performance for 18 any breach of agreement shown by the evidence and for costs and disbursements. 19 (5) Before a tenant shall have standing to file an action under this sec- 20 tion, he must give his landlord three (3) days' written notice, listing each 21 failure or breach upon which his action will be premised and written demand 22 requiring performance or cure. If, within three (3) days after service of the 23 notice, any listed failure or breach has not been performed or cured by the 24 landlord, or in the event of damage to the premises or other default not capa- 25 ble of cure within three (3) days and the landlord has not provided written 26 assurance to the tenant that a cure will be effected within a reasonable time, 27 the tenant may proceed to commence an action for damages and specific perfor- 28 mance. 29 (6) The notice required in subsection (5) of this section shall be served 30 either: 31 (a) By delivering a copy to the landlord or his agent personally; or 32 (b) By leaving a copy with an employee at the usual place of business of 33 the landlord or his agent if the landlord or his agent is absent from his 34 usual place of business; or 35 (c) By sending a copy of the notice to the landlord or his agent by cer- 36 tified mail, return receipt requested. 37 (7) Nothing in this section shall bar either the landlord or the tenant 38 from bringing such civil action for relief to which said party is otherwise 39 entitled.
STATEMENT OF PURPOSE
RS 11452
This legislation amends the State Fire Marshall Act to adopt the
International Fire Code in place of the Uniform Fire Code. Legislation
is being proposed by the Division of Building Safety to adopt the
International Building Code in place of the Uniform Building Code.
This legislation is needed to maintain consistency between the building
code and the fire code.
FISCAL IMPACT
No Fiscal Impact.
CONTACT
Name: Mark Larson, Deputy Fire Marshall
Agency: Insurance, Dept. of
Phone: 334-4250
Statement of Purpose/Fiscal Impact H0409