Print Friendly HOUSE BILL NO. 409 – Fire safety, Internationl Fire Code
HOUSE BILL NO. 409
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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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN 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 section s 18-3319,
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
25 Idaho uniform the 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-
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:
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 the Uniform International 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 the Uniform International 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-
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 or uniform
47 international fire code provisions may be used as guidance for this deter-
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
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 OF UNIFORM INTERNATIONAL FIRE
21 CODE. (1) The purpose of this act sections 41-253 through 41-269, Idaho Code,
22 is to protect human life from fire, and to prevent fires. This act is These
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 "," 1979 2000 edition, with the
29 1981 supplement, with appendices thereto, published by the Western Fire Chiefs
30 Association and the International Conference of Building Officials Interna-
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 of this act sections 41-253 through 41-269, Idaho
35 Code, the " uniformInternational fFire cCode" 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 -- UNIFORM INTERNATIONAL
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 the uniform international fire code.
45 2. To prescribe regulations in addition to the uniform international 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 the uniform international fire code as adopted.
51 4. To adopt, rescind, modify or amend rules and regulations for the exer-
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 under this act sections
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 the uniform international
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 the uniform
14 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
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 the uniform international 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 OF UNIFORM INTERNATIONAL FIRE CODE IN EVIDENCE. A copy
39 of the uniform international fire code, 1979 2000 edition, with 1981 supple-
40 ment, 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
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-
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
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
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
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
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
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.
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
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 the uniform international 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-
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
51 (e) The tank, if an aboveground storage tank, is in compliance with state
52 and federal rules and regulations including the uniform international fire
53 code. If an aboveground tank is exempt from state or federal rules and
1 regulations and/or the uniform international fire code by virtue of its
2 being installed prior to the effective date of such rules and regulations
3 or the uniform international 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-
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 governing waste water wastewater and on-
30 site sewage treatment systems;
31 (iv) Any provision of the uniform international 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
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-
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
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 the uniform international 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
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-
29 (6) The notice required in subsection (5) of this section shall be served
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
STATEMENT OF PURPOSE
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.
No Fiscal Impact.
Name: Mark Larson, Deputy Fire Marshall
Agency: Insurance, Dept. of
Statement of Purpose/Fiscal Impact H0409