2002 Legislation
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HOUSE BILL NO. 586 – Building Code Act, revised

HOUSE BILL NO. 586

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H0586aaS........................................................by BUSINESS
BUILDING CODE - Amends, repeals and adds to existing law to revise the
scope, application and requirements of the Idaho Building Code Act.
                                                                        
02/08    House intro - 1st rdg - to printing
02/11    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 - 50-13-7
      AYES -- Aikele, Barraclough, Bell, Bieter, Black, Block, Boe, Bolz,
      Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Eskridge, Field(13), Field(20), Gagner, Hadley,
      Henbest, Higgins, Hornbeck, Jaquet, Jones, Kunz, Mader, Martinez,
      Meyer, Montgomery, Mortensen, Pischner, Pomeroy, Raybould, Ridinger,
      Roberts, Robison, Sellman, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Trail, Wheeler, Young
      NAYS -- Barrett, Callister, Ellsworth, Harwood, Kendell, Lake,
      Langford, Loertscher, McKague, Moyle, Pearce, Sali, Schaefer
      Absent and excused -- Bedke, Gould, Hammond, Kellogg, Shepherd, Wood,
      Mr. Speaker
    Floor Sponsor - Gagner
    Title apvd - to Senate
02/22    Senate intro - 1st rdg - to Com/HuRes
03/04    Rpt out - to 14th Ord
03/06    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 30-0-5
      AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill,
      Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler,
      Williams
      NAYS -- None
      Absent and excused -- Boatright, Branch(Bartlett), Dunklin, Ingram,
      Stegner
    Floor Sponsors - Lodge & Davis
    Title apvd - to House
03/12    House concurred in Senate amens - to engros
03/13    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 62-2-6
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Loertscher,
      Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pomeroy, Raybould, Robison, Schaefer, Sellman, Shepherd, Smith(33),
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Mr. Speaker
      NAYS -- Langford, Sali
      Absent and excused -- Crow, McKague, Pischner, Ridinger, Roberts,
      Young
    Floor Sponsor - Gagner
    Title apvd - to enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/27    Governor signed
         Session Law Chapter 345
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 586
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BUILDING SAFETY; REPEALING  CHAPTER  32,  TITLE  39,  IDAHO  CODE;
  3        AMENDING  THE  HEADING FOR CHAPTER 41, TITLE 39, IDAHO CODE; AMENDING SEC-
  4        TION 39-4101, IDAHO CODE, TO REVISE LEGISLATIVE FINDING AND INTENT; AMEND-
  5        ING SECTION 39-4102, IDAHO CODE, TO REVISE CHAPTER TITLE  AND  TO  MAKE  A
  6        TECHNICAL  CORRECTION; AMENDING SECTION 39-4103, IDAHO CODE, TO REVISE THE
  7        SCOPE OF THE CHAPTER AND  EXEMPTIONS  FROM  APPLICATION  OF  THE  CHAPTER;
  8        AMENDING  SECTION 39-4104, IDAHO CODE, TO PROVIDE THAT THE CHAPTER APPLIES
  9        TO THE STATE AND TO LOCAL GOVERNMENTS THAT ADOPT BUILDING CODES;  AMENDING
 10        SECTION  39-4105,  IDAHO  CODE,  TO  REVISE  DEFINITIONS; AMENDING SECTION
 11        39-4106, IDAHO CODE, TO REVISE THE NAME AND AUTHORITY OF THE IDAHO  BUILD-
 12        ING  CODE  BOARD,  TO REVISE TERMS OF MEMBERS AND MEETING REQUIREMENTS FOR
 13        THE BOARD, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL  CORREC-
 14        TION; AMENDING SECTION 39-4107, IDAHO CODE, TO REVISE POWERS AND DUTIES OF
 15        THE  BOARD;  REPEALING  SECTION  39-4108, IDAHO CODE; AMENDING CHAPTER 41,
 16        TITLE 39, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  39-4108,  IDAHO
 17        CODE,  TO PROVIDE FOR CERTIFICATION OF BUILDING INSPECTORS; REPEALING SEC-
 18        TION 39-4109, IDAHO CODE; AMENDING CHAPTER 41, TITLE 39,  IDAHO  CODE,  BY
 19        THE ADDITION OF A NEW SECTION 39-4109, IDAHO CODE, TO PROVIDE FOR APPLICA-
 20        TION  OF  BUILDING  SAFETY  CODES;  REPEALING SECTION 39-4110, IDAHO CODE;
 21        AMENDING SECTION 39-4111, IDAHO CODE, TO PROVIDE CORRECT  TERMINOLOGY,  TO
 22        REMOVE LANGUAGE REFERENCING PERMIT REQUIREMENTS FOR COMMERCIAL COACHES AND
 23        MODULAR  BUILDINGS  AND  TO PROHIBIT PERSONS FROM CONSTRUCTING, IMPROVING,
 24        EXTENDING OR ALTERING BUILDINGS, RESIDENCES OR STRUCTURES IN CERTAIN LOCAL
 25        GOVERNMENT  JURISDICTIONS  WITHOUT  FIRST  PROCURING  APPLICABLE  PERMITS;
 26        AMENDING SECTION 39-4112, IDAHO  CODE,  TO  REVISE  MAXIMUM  PERMIT  FEES;
 27        AMENDING  SECTION  39-4113, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
 28        REVISE PROVISIONS RELATING TO PLAN REVIEWS, TO PROVIDE FOR LIMITED  REVIEW
 29        OF  SCHOOL PLANS, TO REVISE PLAN REVIEW FEES, TO REMOVE LANGUAGE REQUIRING
 30        MANUFACTURERS TO CERTIFY BUILDING PLANS, TO REVISE REVIEW  AND  INSPECTION
 31        REQUIREMENTS  FOR  SCHOOL DISTRICT BUILDINGS AND FACILITIES, TO ADD REFER-
 32        ENCES TO SCHOOL FACILITIES AND TO PROVIDE THAT THE CHAPTER SHALL NOT LIMIT
 33        LOCAL GOVERNMENTS IN ISSUING PERMITS, REVIEWING PLANS AND PROVIDING BUILD-
 34        ING CODE ENFORCEMENT ACTIVITIES RELATED TO SCHOOL BUILDINGS AND FACILITIES
 35        WITHIN THEIR JURISDICTION; REPEALING SECTION 39-4114, IDAHO CODE; AMENDING
 36        SECTION 39-4115, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO  REVISE
 37        PROVISIONS  RELATING  TO  DIVISION  PERSONNEL;  REPEALING SECTION 39-4116,
 38        IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY THE ADDITION  OF
 39        A  NEW  SECTION 39-4116, IDAHO CODE, TO PROVIDE FOR LOCAL GOVERNMENT ADOP-
 40        TION AND ENFORCEMENT OF BUILDING CODES; REPEALING  SECTIONS  39-4116A  AND
 41        39-4117, IDAHO CODE; AMENDING SECTION 39-4120, IDAHO CODE, TO CLARIFY PER-
 42        MISSIBLE GROUNDS FOR APPEALS TO THE BOARD; AMENDING SECTION 39-4121, IDAHO
 43        CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE THAT NO MODULAR BUILD-
 44        ING WHICH HAS BEEN APPROVED BY THE DIVISION SHALL BE MODIFIED PRIOR TO ITS
 45        INITIAL  OCCUPANCY  UNLESS  APPROVAL OF SUCH MODIFICATION IS FIRST MADE BY
 46        THE DIVISION; AMENDING SECTION 39-4122, IDAHO  CODE,  TO  PROVIDE  CORRECT
                                                                        
                                           2
                                                                        
  1        TERMINOLOGY  AND TO PROVIDE REFERENCE TO THE ADOPTED CODES, LAWS AND RULES
  2        PROMULGATED BY THE BOARD; AMENDING SECTION 39-4124, IDAHO CODE, TO PROVIDE
  3        CORRECT TERMINOLOGY; AMENDING SECTION 39-4125, IDAHO CODE, TO PROVIDE COR-
  4        RECT TERMINOLOGY AND TO REMOVE REFERENCE TO REGULATIONS; AMENDING  SECTION
  5        39-4126,  IDAHO  CODE,  TO PROHIBIT PERSONS FROM WILLFULLY VIOLATING RULES
  6        PROMULGATED BY THE ADMINISTRATOR OR THE BOARD AND TO MAKE  TECHNICAL  COR-
  7        RECTIONS; REPEALING SECTION 39-4127, IDAHO CODE; AMENDING SECTION 39-4128,
  8        IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; REPEALING SECTIONS 39-4130 AND
  9        39-4131,  IDAHO CODE; REPEALING CHAPTER 23, TITLE 44, IDAHO CODE; AMENDING
 10        SECTION 44-2101A, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION
 11        56-701A, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO  FURTHER  DEFINE  A
 12        TERM;  AMENDING  SECTION 63-2401, IDAHO CODE, TO FURTHER DEFINE A TERM AND
 13        TO REVISE A CODE REFERENCE; AND AMENDING SECTION 67-6509A, IDAHO CODE,  TO
 14        REVISE A CODE REFERENCE.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Chapter  32,  Title 39, Idaho Code, be, and the same is
 17    hereby repealed.
                                                                        
 18        SECTION 2.  That the Heading for Chapter 41, Title 39, Idaho Code, be, and
 19    the same is hereby amended to read as follows:
                                                                        
 20                                      CHAPTER 41
 21                           IDAHO BUILDING CODE ADVISORY ACT
                                                                        
 22        SECTION 3.  That Section 39-4101, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        39-4101.  LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes
 25    and  uniformity  in  procedures for enforcing building safety codes throughout
 26    the nation and state are matters  of  nationwide  and  statewide  concern  and
 27    interest,  in that uniformity would enhance elimination of obsolete, restrict-
 28    ing, conflicting, duplicating and  unnecessary  regulations  and  requirements
 29    which could unnecessarily increase construction costs or retard the use of new
 30    materials  and  methods  of  installation  or provide unwarranted preferential
 31    treatment to types or classes of materials or products or methods of construc-
 32    tion.
 33        The legislature also finds that the  factory  production  of  housing  and
 34    other  buildings  presents unique problems with respect to uniformity of codes
 35    and inspections throughout this state and nation.
 36        (2)  It is the intent of the legislature to:
 37        (a)  Promote the health, safety and welfare of the occupants or  users  of
 38        buildings and structures and the general public subject to this chapter;
 39        (b)  Require  minimum performance standards and requirements for construc-
 40        tion and construction materials, consistent  with  accepted  standards  of
 41        engineering,  fire  safety,  life  safety and accessibility for those with
 42        disabilities;
 43        (c)  Require Establish, for jurisdictions enforcing building codes  pursu-
 44        ant  to  this chapter, minimum standards and requirements in terms of per-
 45        formance, energy efficiency, effect upon construction  costs  and  consis-
 46        tency with nationally accepted standards;
 47        (d)  Permit the use of modern technical methods, devices and improvements;
 48        and
 49        (e)  Provide for a uniform interpretation of the building and safety codes
                                                                        
                                           3
                                                                        
  1        for  the  state of Idaho Clarify and establish roles of the various juris-
  2        dictions subject to this chapter.
                                                                        
  3        SECTION 4.  That Section 39-4102, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        39-4102.  SHORT  TITLE.  This  act  chapter  shall  be known as "The Idaho
  6    Building Code Advisory Act." of 1975."
                                                                        
  7        SECTION 5.  That Section 39-4103, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        39-4103.  SCOPE  --  EXEMPTIONS.  (1) The provisions of this chapter shall
 10    apply to all buildings and construction within the state of Idaho,  except  as
 11    otherwise  provided  in This chapter authorizes the state division of building
 12    safety and local governments to adopt and enforce building codes  pursuant  to
 13    the  provisions  of  this chapter. All buildings owned by any state government
 14    agency or entity, or which are constructed or renovated specifically  for  use
 15    or  occupancy  by  any such state agency or entity, shall conform to the codes
 16    adopted in this chapter. The following is exempt from the provisions  of  this
 17    chapter:
 18        (2)  Structures  Equipment  used primarily for industrial chemical process
 19    purposes and for mineral extraction and mineral processing purposes. shall  be
 20    exempt from this chapter except for This exemption shall not include the erec-
 21    tion  and  fabrication  of new structures, boilers, pressure vessels and other
 22    equipment as required to condition the  building  for  personnel  comfort  and
 23    safety. Equipment in this regard shall mean and shall be limited to facilities
 24    or  installations  for  heating,  ventilating, air conditioning, refrigerating
 25    facilities associated with air conditioning equipment, elevators, dumbwaiters,
 26    escalators, and boilers and pressure vessels associated with building  heating
 27    systems.
 28        (3)  Temporary  facilities, as defined in section 39-4105(16), Idaho Code,
 29    shall be exempt from the provisions of  this  chapter,  except  for  temporary
 30    facilities  which are classified as a modular building under the provisions of
 31    section 39-4121, Idaho Code, and/or a commercial coach under the provisions of
 32    section 39-4122, Idaho Code.
 33        (4)  Farms, as defined in section 39-4105(19), Idaho Code, shall be exempt
 34    from the provisions of this chapter except for any structure which is  classi-
 35    fied  as  a  modular  building  under the provisions of section 39-4121, Idaho
 36    Code, and/or a commercial coach under the provisions of section 39-4122, Idaho
 37    Code, or a manufactured home under the provisions of  chapter  40,  title  39,
 38    Idaho Code.
                                                                        
 39        SECTION  6.  That  Section 39-4104, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        39-4104.  ENFORCEMENT OF LAW. The administrator of the division of  build-
 42    ing  safety shall enforce the provisions of this act chapter that apply to the
 43    state. Local governments that adopt building codes shall  enforce  the  provi-
 44    sions of this chapter that govern application by local governments.
                                                                        
 45        SECTION  7.  That  Section 39-4105, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        39-4105.  DEFINITIONS. As used in this chapter, the terms defined in  this
                                                                        
                                           4
                                                                        
  1    section  shall  have  the following meanings, unless the context clearly indi-
  2    cates another meaning. Where terms are not defined in  this  chapter  and  are
  3    defined  in the currently adopted International Building Code published by the
  4    International Code Council, such terms shall have  the  meanings  ascribed  to
  5    them in that code:
  6        (1)  "Administrator"  means  the administrator of the division of building
  7    safety for the state of Idaho.
  8        (2)  "Board" means the Idaho building code advisory board, herein created.
  9        (3)  "Person" means a natural  person,  corporation,  partnership,  trust,
 10    society, club, association, or other organization "Building inspector" means a
 11    person who inspects buildings or structures for compliance with the provisions
 12    of this chapter.
 13        (4)  "Building"  means  a  combination  of  materials, whether portable or
 14    fixed, which comprises a structure affording facilities or shelter for any use
 15    or occupancy, and shall include a part or  parts  thereof  and  all  equipment
 16    therein normally a part of the structure "Closed construction" means any manu-
 17    factured  building  or  building component which may enclose factory installed
 18    structural, mechanical, electrical or plumbing systems and  is  not  open  for
 19    visual inspection at the building site.
 20        (5)  "Commercial  coach" means a modular building equipped with the neces-
 21    sary service connections and made so as to be readily movable as a unit on its
 22    own running gear and originally designated to  be  used  without  a  permanent
 23    foundation.
 24        (6)  "Construction" means the erection, fabrication, reconstruction, demo-
 25    lition, alteration, conversion, or repair of a building, (other than in-kind),
 26    or the installation of equipment therein normally a part of the structure.
 27        (67)  "Equipment"  means  facilities  or  installations including, but not
 28    limited to, heating, ventilating, air conditioning, and refrigerating  facili-
 29    ties  or  installations,  and  elevators, dumbwaiters, escalators, boilers and
 30    pressure vessels and ski lifts, but not including  telecommunications  facili-
 31    ties "Division" means the state of Idaho division of building safety.
 32        (78)  "Local inspection agency" means the agency or agencies of local gov-
 33    ernment  with  authority  to  make inspections of buildings and to enforce the
 34    codes, laws and rules of the state of  Idaho  which  establish  standards  and
 35    requirements applicable to the construction, alteration, repair, or demolition
 36    of  buildings  "International  Fire Code" means the International Fire Code as
 37    published by the International Code Council.
 38        (89)  "Local government" means any city or county of this state.
 39        (10) "Manufactured home" means a structure,  constructed  after  June  15,
 40    1976,  in  accordance  with  the HUD manufactured home construction and safety
 41    standards, and is transportable in one (1) or more  sections,  which,  in  the
 42    traveling  mode, is eight (8) body feet or more in width or is forty (40) body
 43    feet or more in length, or when erected on site, is three hundred twenty (320)
 44    or more square feet, and which is built on a permanent chassis and designed to
 45    be used as a dwelling with or without a permanent foundation when connected to
 46    the required utilities, and includes the plumbing, heating, air  conditioning,
 47    and  electrical systems contained therein, except that such term shall include
 48    any structure which meets all the requirements of this  paragraph  except  the
 49    size requirements and with respect to which the manufacturer voluntarily files
 50    a certification required by the secretary of housing and urban development and
 51    complies with the standards established under 42 U.S.C. section 5401 et seq.
 52        (11) "Mobile  home" means a factory-assembled structure or structures gen-
 53    erally constructed prior to June 15, 1976, and  equipped  with  the  necessary
 54    service connections and made so as to be readily movable as a unit or units on
 55    their  own  running  gear  and designed to be used as a dwelling unit or units
                                                                        
                                           5
                                                                        
  1    with or without a permanent foundation.
  2        (912) "Modular building" means any building or building  component,  other
  3    than  a  manufactured  or mobile home, which is constructed according to codes
  4    and standards contained in the Uniform Building Code, as adopted or any amend-
  5    ments thereto adopted by the division of building safety, which is  of  closed
  6    construction  and  is either entirely or substantially prefabricated or assem-
  7    bled at a place other than the building site.
  8        (10) "Building site" means any lot, tract, parcel, or subdivision of land,
  9    either public or private, upon which a building is placed or is to be placed.
 10        (11) "Closed construction" means any  manufactured  building  or  building
 11    component which may enclose factory installed structural, mechanical, electri-
 12    cal  or plumbing systems and is not open for visual inspection at the building
 13    site.
 14        (12) "Commercial coach" means a modular building equipped with the  neces-
 15    sary service connections and made so as to be readily movable as a unit on its
 16    own  running  gear  and  originally  designated to be used without a permanent
 17    foundation.
 18        (13) "Manufactured home" (formerly mobile home) means  a  structure,  con-
 19    structed  according  to HUD/FHA mobile home construction and safety standards,
 20    transportable in one or more sections, which, in the traveling mode, is  eight
 21    (8)  body  feet or more in width or is forty (40) body feet or more in length,
 22    or when erected on site, is three hundred twenty (320) or  more  square  feet,
 23    and  which is built on a permanent chassis and designed to be used as a dwell-
 24    ing with or without a permanent foundation  when  connected  to  the  required
 25    utilities,  and includes the plumbing, heating, air conditioning, and electri-
 26    cal systems contained therein, except that such term shall include any  struc-
 27    ture  which  meets  all  the  requirements  of  this paragraph except the size
 28    requirements and with respect to which the manufacturer  voluntarily  files  a
 29    certification  required  by the secretary of housing and urban development and
 30    complies with the standards established under 42 U.S.C. 5401 et seq.
 31        (14) "Temporary facility" means a structure designed  and  constructed  to
 32    service actual construction projects and which is completely removed upon com-
 33    pletion  of  the project. This structure shall not be a place of employment or
 34    human habitation, and does not include those temporary structures used for the
 35    protection of the public around and in conjunction with construction work.
 36        (15) "Human habitation," when used in  respect  to  temporary  facilities,
 37    means  a  space  in  a  structure  for  living,  sleeping,  eating or cooking.
 38    Bathrooms, toilet compartments, storage or utility space and similar areas are
 39    not considered space for human habitation.
 40        (163) "Telecommunications facilities" means all wires, cables,  equipment,
 41    apparatus  or other installations necessary to furnish service, by which there
 42    is accomplished or may be accomplished, the sending or receiving  of  informa-
 43    tion, data, message writing signs, signals, pictures, and sounds of all kinds,
 44    by aid of such wires, cables, equipment, apparatus or other installations, but
 45    shall  not  include  the  habitable structure in which such telecommunications
 46    facilities are housed.
 47        (17) "Farm" means an agricultural unit of five (5) acres or more.
                                                                        
 48        SECTION 8.  That Section 39-4106, Idaho Code, be, and the same  is  hereby
 49    amended to read as follows:
                                                                        
 50        39-4106.  IDAHO  BUILDING  CODE  ADVISORY  BOARD  CREATED -- MEMBERSHIP --
 51    APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION  --  MEETINGS.  (1)  The  Idaho
 52    building  code advisory board is established within the department division as
 53    an appeals, code adoption and variance, and advisory rulemaking board,  to  be
                                                                        
                                           6
                                                                        
  1    appointed by the governor, and shall consist of nine (9) members: one (1) mem-
  2    ber  of  the  general  public; one (1) local fire official; one (1) registered
  3    engineer; one (1) licensed architect; two (2) local  building  officials,  one
  4    (1) from a county and one (1) from a city; one (1) homebuilder or general con-
  5    tractor;  one (1) representative of the modular building industry; and one (1)
  6    individual with a disability from an organization that represents people  with
  7    all  types  of  disabilities.  Board members shall be appointed for a terms of
  8    four (4) years and until their successor has been appointed. Three (3) consec-
  9    utive failures by a member to attend meetings of the board without  reasonable
 10    cause  shall  constitute cause for removal of the member from the board by the
 11    governor. Whenever a vacancy occurs,  the governor shall appoint  a  qualified
 12    person to fill the vacancy for the unexpired portion of the term.
 13        (2)  The  members  of the board shall, at their first regular meeting fol-
 14    lowing the effective date of this chapter and every two (2) years  thereafter,
 15    elect  by majority vote of the members of the board, a chairman who shall pre-
 16    side at meetings of the board. A majority of the currently  appointed  members
 17    of the board shall constitute a quorum.
 18        (3)  Each  member  of the board not otherwise compensated by public moneys
 19    shall be compensated as provided by section 59-509(h), Idaho  Code,  for  each
 20    day spent in attendance at meetings of the board.
 21        (4)  The board shall meet for regular business sessions at the call of the
 22    administrator,  chairman, or at the request of three four (34)  members of the
 23    board, provided that the board shall meet at least biannually.
                                                                        
 24        SECTION 9.  That Section 39-4107, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        39-4107.  POWERS AND DUTIES. (1) Upon publication of the latest edition of
 27    the  building code by the International Code Council, the board shall initiate
 28    the process of developing legislation to provide for its adoption  under  sec-
 29    tion  39-4109, Idaho Code. The board shall also determine that building code's
 30    equivalency with the provisions of the Americans With Disabilities Act  Acces-
 31    sibility  Guidelines  and  the Fair Housing Act Accessibility Guidelines. Upon
 32    finding that the building code under review does  not  provide  an  equivalent
 33    level  of  protection  for those with disabilities, the board shall promulgate
 34    rules to amend the code so as to minimize those deficiencies  to  the  maximum
 35    extent possible. The board shall complete the legislation development process,
 36    code  equivalency  analysis  and  promulgation of rules as needed to amend the
 37    code within twenty-four (24) months of its publication  by  the  International
 38    Code Council The board shall continually study the operation of adopted codes,
 39    standards  and  rules  relating to the construction of buildings or facilities
 40    under the jurisdiction of the division to ascertain their effect upon the pub-
 41    lic safety and shall support an ongoing effort to promote  the  uniform  adop-
 42    tion,  application  and  interpretation  of safety, accessibility and building
 43    codes statewide. The board shall have the authority to adopt and  enforce  the
 44    codes  specified  in  section  39-4109,  Idaho Code, or later editions of such
 45    codes, and to promulgate rules in accordance with chapter 52, title 67,  Idaho
 46    Code, to implement the provisions of this chapter.
 47        (2)  The  board shall function as a board of appeals and shall provide for
 48    reasonable interpretations and suitability of alternate materials and  methods
 49    of  construction as defined in the codes enumerated in this act. for the divi-
 50    sion as prescribed in the adopted building  code.  The  board  shall  have  no
 51    authority to waive any requirements of the codes enumerated in this chapter or
 52    in rules promulgated pursuant to this chapter. Provided further:
 53        (3a)  The  decisions  of  the  board shall, in respect to code interpreta-
                                                                        
                                           7
                                                                        
  1        tions, be final, and the board shall render all decisions and findings  in
  2        writing to the appropriate enforcement official and agency, the appellant,
  3        and  the administrator within ten (10) working days of the conclusion of a
  4        hearing.; and
  5        (4b)  For each appeal brought before the board, the chairman shall appoint
  6        not less than three (3) members of the board to hear the appeal and render
  7        a decision and finding in the name of the board.
  8        (5)  The board shall continually study the  operation  of  adopted  codes,
  9    standards,  rules and regulations relating to the construction of buildings to
 10    ascertain their effect upon the public safety and support an ongoing effort to
 11    promote the uniform adoption, application and interpretation of safety, acces-
 12    sibility and building codes statewide.
 13        (6)  The board shall adopt the latest changes to the codes  enumerated  in
 14    this act, and shall recommend to the director such amendments deemed necessary
 15    for  the safety of the public. Such amendments shall be promulgated only after
 16    public hearings on the subject amendments.
 17        (7)  The board shall have the authority to promulgate rules in  accordance
 18    with  chapter  52,  title  67, Idaho Code, to implement the provisions of this
 19    chapter.
 20        (83)  The board shall utilize experts, consultants, and technical advisors
 21    for assistance and recommendations relative to codes, standards, and appeals.
                                                                        
 22        SECTION 10.  That Section 39-4108, Idaho Code, be, and the same is  hereby
 23    repealed.
                                                                        
 24        SECTION  11.  That  Chapter  41, Title 39, Idaho Code, be, and the same is
 25    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 26    ignated as Section 39-4108, Idaho Code, and to read as follows:
                                                                        
 27        39-4108.  CERTIFICATION.  After  July  1, 2002, state and local government
 28    building inspectors, including state safety advisors, shall hold a valid  cer-
 29    tification  as  a  building inspector or plans examiner issued by the Interna-
 30    tional Code Council (ICC) or the International Conference  of  Building  Offi-
 31    cials  (ICBO), except that a building inspector with a valid ICC or ICBO resi-
 32    dential building inspector certification may only inspect structures regulated
 33    by the International Residential Code (IRC). A building inspector with a valid
 34    ICC or ICBO residential building inspector  certification  working  under  the
 35    supervision  of  an ICC or ICBO certified building inspector or plans examiner
 36    may inspect all occupancy classifications for a period not to exceed three (3)
 37    years. Any building inspector or plans examiner possessing state certification
 38    as of June 30, 2002, may continue to serve as a  building  inspector,  without
 39    renewal,  until  July  1,  2005, at which time certification as an ICC or ICBO
 40    building inspector or plans examiner shall be necessary to  retain  inspection
 41    authority.
                                                                        
 42        SECTION  12.  That section 39-4109, Idaho Code, be, and the same is hereby
 43    repealed.
                                                                        
 44        SECTION 13.  That Chapter 41, Title 39, Idaho Code, be, and  the  same  is
 45    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 46    ignated as Section 39-4109, Idaho Code, and to read as follows:
                                                                        
 47        39-4109.  APPLICATION OF CODES. The following codes are hereby adopted for
 48    the state of Idaho division of building safety and shall only  be  applied  by
 49    local governments as prescribed by section 39-4116, Idaho Code:
                                                                        
                                           8
                                                                        
  1        (1)  The  2000 International Building Code and appendices thereto pertain-
  2    ing to building accessibility, not including the adoption of the  incorporated
  3    electrical  codes,  plumbing  codes,  fire codes or property maintenance codes
  4    other than specifically referenced subjects or sections of  the  International
  5    Fire  Code,  but  including  the  incorporated International Residential Code;
  6    International Mechanical Code;  International  Fuel  Gas  Code;  International
  7    Energy  Conservation  Code; for the 2000 edition of the International Building
  8    Code, the requirements  pertaining to accessibility for persons with disabili-
  9    ties published by the International Code Council in the 2001 supplement to the
 10    International Codes and rules promulgated by the board to provide  equivalency
 11    with  the  provisions  of  the  Americans  with disabilities act accessibility
 12    guidelines  and  the  fair  housing  act  accessibility  guidelines  shall  be
 13    included;
 14        (2)  The 2000 International Residential Code as published by the  Interna-
 15    tional Code Council, except for parts VII and VIII as they pertain to plumbing
 16    and electrical requirements;
 17        (3)  The  2000  International Energy Conservation Code as published by the
 18    International Code Council;
 19        (4)  The 2000 International Mechanical Code as published by  the  Interna-
 20    tional Code Council;
 21        (5)  The  2000  International  Fuel  Gas Code as published by the Interna-
 22    tional Code Council;
 23        (6)  The 1997 Uniform Code for Building Conservation as published  by  the
 24    International Conference of Building Officials; and
 25        (7)  The  Safety  Code  for  Elevators and Escalators (ASME/ANSI A17.1) as
 26    published by the American Society of Mechanical  Engineers  and  the  American
 27    National Standards Institute.
                                                                        
 28        SECTION  14.  That Section 39-4110, Idaho Code, be, and the same is hereby
 29    repealed.
                                                                        
 30        SECTION 15.  That Section 39-4111, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:
                                                                        
 32        39-4111.  PERMITS REQUIRED. (1) It shall be unlawful for any person to do,
 33    or cause or permit to be done, whether acting as principal, agent or employee,
 34    any  construction, improvement, extension or alteration of any building, resi-
 35    dence or structure, coming under the purview of this chapter the division,  in
 36    the  state  of  Idaho  without  first  procuring a permit from the appropriate
 37    agency division authorizing such work to be done.
 38        For the purposes of permit requirements for commercial coaches and modular
 39    buildings, a single permit covering  all  aspects  of  construction  shall  be
 40    issued by the director.
 41        (2)  It  shall  be unlawful for any person to do, or cause or permit to be
 42    done, whether acting  as  principal,  agent  or  employee,  any  construction,
 43    improvement,  extension  or alteration of any building, residence or structure
 44    in a local government jurisdiction enforcing  building  codes,  without  first
 45    procuring  a  permit in accordance with the applicable ordinance or ordinances
 46    of the local government.
                                                                        
 47        SECTION 16.  That Section 39-4112, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
 49        39-4112.  MAXIMUM  PERMIT  FEES  TO  BE ASSESSED BY THE DIVISION. Building
 50    permit fees shall be as established by rules promulgated by the  board.  Until
                                                                        
                                           9
                                                                        
  1    such rules are effective, bBuilding permit fees based on total valuation value
  2    of  the construction shall not exceed those given in table 3-A, Uniform Build-
  3    ing Code, 1985.
                                                                        
  4        SECTION 17.  That Section 39-4113, Idaho Code, be, and the same is  hereby
  5    amended to read as follows:
                                                                        
  6        39-4113.  PLAN  CHECKING  REVIEWS  -- MAXIMUM FEES AND SCHOOL INSPECTIONS.
  7    (1) Notwithstanding the provisions of section 302(b), Uniform  Building  Code,
  8    1985,  tThe  administrator  shall  establish a program for total plan checking
  9    review and permit issue issuance entirely  within  the  division  of  building
 10    safety.  Plan  review  shall be for the provisions of this chapter and chapter
 11    10, title 54, Idaho Code, chapter 26, title 54, Idaho  Code,  and  chapter  2,
 12    title  41,  Idaho  Code,  pertaining  to construction, alteration or repair of
 13    buildings or structures within the scope of the division's jurisdiction pursu-
 14    ant to this chapter. Plans for schools reviewed  by  the  division  shall  not
 15    include  a  review  for compliance with the provisions of chapter 2, title 41,
 16    Idaho Code.
 17        (2)  Plan review fees shall be as required established  by  rules  promul-
 18    gated by the board. Until such rules are effective, plan review fees shall not
 19    exceed those specified by section 304(c), Uniform Building Code, 1985 edition.
 20        (3)  Each  manufacturer  of commercial coaches and modular buildings shall
 21    submit the building plans for every model of such structure to the administra-
 22    tor for the purpose of review. The manufacturer must certify  that  each  such
 23    building plan meets the appropriate construction and safety standards in force
 24    at that time before the model involved is produced.
 25        (4)  Each  school district shall submit to the division of building safety
 26    a three (3) sets of working drawings and specifications for new school  build-
 27    ings  or  facilities  and additions or alterations to existing buildings which
 28    are estimated to cost or facilities wherein the proposed  work  is  valued  in
 29    excess of twenty-five thousand dollars ($25,000). The division will review the
 30    plans  for compliance with the current editions of the codes specified in this
 31    chapter or within rules promulgated pursuant to this chapter by the board  and
 32    by section 39-8006, Idaho Code. These plans must be approved before the school
 33    district  may  advertise for bids. Once plans are reviewed and approved by the
 34    division of building safety pursuant to this section, no material  change  can
 35    be  made to such plans without review and approval of such change by the divi-
 36    sion of building safety. To assure that  building  inspections  are  conducted
 37    statewide for aAll school construction or remodeling governed by this chapter,
 38    building  inspections shall be performed inspected by Idaho certified building
 39    inspectors certified in accordance with section 39-4108,  Idaho  Code,  or  by
 40    Idaho  licensed  architects  or  engineers either employed by or contracted to
 41    local jurisdictions to determine compliance with this chapter  and  the  Idaho
 42    uniform  school building safety act, chapter 80, title 39, Idaho Code. Nothing
 43    in this section shall limit the authority of local governments to  issue  per-
 44    mits,  review  plans  and  provide  a  full range of building code enforcement
 45    activities as they relate to  school  buildings  or  facilities  within  their
 46    jurisdiction.
                                                                        
 47        SECTION  18.  That Section 39-4114, Idaho Code, be, and the same is hereby
 48    repealed.
                                                                        
 49        SECTION 19.  That Section 39-4115, Idaho Code, be, and the same is  hereby
 50    amended to read as follows:
                                                                        
                                           10
                                                                        
  1        39-4115.  PERSONNEL.  The department division shall employ a bureau chief,
  2    who shall in addition to his other duties, function as the executive  director
  3    of  the  board, and such other personnel as necessary to effect enforcement of
  4    the codes herein enumerated or otherwise prescribed by  rules  promulgated  by
  5    the  board  pursuant  to  this  chapter. All such employees, except the bureau
  6    chief, shall be classified as prescribed in chapter 53, title 67, Idaho Code.
                                                                        
  7        SECTION 20.  That Section 39-4116, Idaho Code, be, and the same is  hereby
  8    repealed.
                                                                        
  9        SECTION  21.  That  Chapter  41, Title 39, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 39-4116, Idaho Code, and to read as follows:
                                                                        
 12        39-4116.  LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
 13    Local governments enforcing building codes shall do so only in compliance with
 14    the  provisions  of  this  section. Local governments that have not previously
 15    instituted and implemented a code enforcement program prior to  the  effective
 16    date of this act may elect to implement a building code enforcement program by
 17    passing  an  ordinance  evidencing  the intent to do so. Local governments may
 18    contract with a public or private entity to  administer  their  building  code
 19    enforcement program.
 20        (2)  By January 1, 2003, local governments that issue building permits and
 21    perform  building  code  enforcement activities shall, by ordinance, adopt the
 22    following codes as published by the International Code Council and as  adopted
 23    by the state or by the Idaho building code board:
 24        (a)  International  Building  Code, including all rules promulgated by the
 25        board to provide equivalency with the provisions  of  the  americans  with
 26        disabilities act accessibility guidelines and the federal fair housing act
 27        accessibility guidelines;
 28        (b)  International Residential Code, parts I-IV and IX; and
 29        (c)  International Energy Conservation Code.
 30    Local  governments  are not required by this chapter to adopt the other refer-
 31    enced codes in the International Building Code.
 32        (3)  Local governments may amend by ordinance the adopted codes or  provi-
 33    sions  of referenced codes to reflect local concerns, provided such amendments
 34    establish at least an equivalent level of protection to that  of  the  adopted
 35    building  code. A local jurisdiction shall not have the authority to amend any
 36    accessibility provision pursuant to section 39-4109,  Idaho  Code.  Previously
 37    adopted  local  amendments  to  a  superseded version of a building code shall
 38    remain in full force and effect for a period not to exceed one (1) year  after
 39    the effective date of adoption of a new version of the building code, provided
 40    that  such  amendments  do  not  conflict with provisions of the newly adopted
 41    building code.
 42        (4)  Local governments may exempt agricultural buildings from the require-
 43    ments of the codes enumerated in this chapter and the rules promulgated by the
 44    board.
 45        (5)  Permits shall be governed by the laws in effect at the time the  per-
 46    mit application is received.
 47        (6)  The  division  shall retain jurisdiction for in-plant inspections and
 48    installation standards for manufactured  or  mobile  homes  and  for  in-plant
 49    inspections  and  enforcement  of construction standards for modular buildings
 50    and commercial coaches.
                                                                        
 51        SECTION 22.  That Sections 39-4116A and 39-4117, Idaho Code, be,  and  the
                                                                        
                                           11
                                                                        
  1    same are hereby repealed.
                                                                        
  2        SECTION  23.  That Section 39-4120, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        39-4120.  APPEALS TO BOARD -- JUDICIAL REVIEW.  The  board  shall,  within
  5    twenty  (20)  days  after  receipt  of notice for an appeal, hear such appeals
  6    brought before it by persons affected by any code, rule, regulation  or  deci-
  7    sion  pursuant  to this act applicable to buildings within the jurisdiction of
  8    the division. Such proceedings shall be governed by the provisions of  chapter
  9    52, title 67, Idaho Code. Final decisions of the board, other than code inter-
 10    pretations,  are  subject to judicial review in accordance with the provisions
 11    of chapter 52, title 67, Idaho Code.
                                                                        
 12        SECTION 24.  That Section 39-4121, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        39-4121.  MODULAR  BUILDINGS  --  INSIGNIA  OF APPROVAL -- INSTALLATION --
 15    MODIFICATION. (1) No modular building shall be installed on a building site in
 16    this state on or after July 1, 1975, unless  it  is  approved  and  bears  the
 17    insignia of approval of the department division.
 18        (2)  Any  modular  building bearing an insignia of approval of the depart-
 19    ment division shall be deemed to comply with codes, laws, or regulations rules
 20    enacted by the state of Idaho which govern the manufacturing  manufacture  and
 21    construction of such building.
 22        (3)  No  modular  building which has been approved by the department divi-
 23    sion shall be in any way modified prior to or during installation by  a  manu-
 24    facturer  or installer its initial occupancy unless approval of that modifica-
 25    tion is first made by the department division.
                                                                        
 26        SECTION 25.  That Section 39-4122, Idaho Code, be, and the same is  hereby
 27    amended to read as follows:
                                                                        
 28        39-4122.  COMMERCIAL COACHES -- ISSUANCE OF INSIGNIA -- COST. The director
 29    administrator  shall  issue  insignia  for  commercial  coaches which meet the
 30    requirements of the standards, adopted codes, laws and rules  and  regulations
 31    promulgated  by  the  director board pursuant to this act chapter. The cost of
 32    the insignia, if issued, shall be included as a part of the fee schedule.
                                                                        
 33        SECTION 26.  That Section 39-4124, Idaho Code, be, and the same is  hereby
 34    amended to read as follows:
                                                                        
 35        39-4124.  "IDAHO  BUILDING  CODE  FUND" ESTABLISHED. All money received by
 36    the department division under the terms and provisions  of  this  act  chapter
 37    shall  be  paid into the state treasury, and shall be, by the state treasurer,
 38    placed to the credit of the general fund in an account  to  be  known  as  the
 39    "Idaho  building  code  fund,"  and  all such moneys, hereafter placed in said
 40    fund, are hereby set aside and appropriated  to  the  department  division  to
 41    carry into effect the provisions of this act chapter.
                                                                        
 42        SECTION  27.  That Section 39-4125, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        39-4125.  INJUNCTION -- AFFIDAVIT SETTING OUT NONCONFORMITY.  The  depart-
 45    ment  division  may obtain from a district court having jurisdiction, a tempo-
                                                                        
                                           12
                                                                        
  1    rary injunction enjoining the construction of a building(s) or installation of
  2    modular buildings on any building site upon affidavit of the department  divi-
  3    sion  that  such building does not conform to the requirements of this chapter
  4    or to the rules and regulations adopted pursuant to this chapter or any  other
  5    chapter  of the state of Idaho Code relating to the building construction. The
  6    affidavit must set forth such violations in detail. The injunction may be made
  7    permanent, in the discretion of the court.
                                                                        
  8        SECTION 28.  That Section 39-4126, Idaho Code, be, and the same is  hereby
  9    amended to read as follows:
                                                                        
 10        39-4126.  VIOLATIONS  MISDEMEANORS.  (1) Any person who wilfully willfully
 11    violates any provision of this chapter or who wilfully willfully violates  any
 12    provisions of the codes enumerated in this chapter or rules promulgated by the
 13    director  administrator  or the board pursuant to this chapter, is guilty of a
 14    misdemeanor, and upon conviction, shall be fined not more than  three  hundred
 15    dollars  ($300),  or  imprisoned for not more than ninety (90) days or by both
 16    fine and imprisonment. Violations of this chapter shall be tried in any  court
 17    of competent jurisdiction within the state of Idaho.
 18        (2)  A  separate violation is deemed to have occurred with respect to each
 19    building not in compliance with this chapter. Each day such violation  contin-
 20    ues constitutes a separate offense.
 21        (3)  The misdemeanor provisions of subsections (1) and (2) of this section
 22    shall  not  apply  to manufactured homes. Violations of manufactured home con-
 23    struction and safety standards shall be tried in any court of competent juris-
 24    diction.
                                                                        
 25        SECTION 29.  That Section 39-4127, Idaho Code, be, and the same is  hereby
 26    repealed.
                                                                        
 27        SECTION  30.  That Section 39-4128, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        39-4128.  RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the  director
 30    administrator  determines  that standards for modular buildings and commercial
 31    coaches which have been adopted  by  the  statutes  or  regulations  rules  of
 32    another  state  are  at  least  equal to the standards adopted by the director
 33    administrator, the director administrator  may so provide by regulation rule.
 34        (2)  If the director administrator determines that standards  for  modular
 35    buildings  and  commercial coaches have not been adopted by another state, and
 36    modular buildings and commercial coaches from that state are transported  into
 37    this state to be offered for sale, the director administrator may certify per-
 38    sonnel  to inspect such modular buildings or commercial coaches. If the direc-
 39    tor administrator shall then determine that said units meet the  standards  of
 40    this state, the product shall be acceptable and the director administrator may
 41    issue insignia for said modular building or commercial coach.
                                                                        
 42        SECTION  31.  That  Sections  39-4130 and 39-4131, Idaho Code, be, and the
 43    same are hereby repealed.
                                                                        
 44        SECTION 32.  That Chapter 23, Title 44, Idaho Code, be, and  the  same  is
 45    hereby repealed.
                                                                        
 46        SECTION 33.  That Section 44-2101A, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
                                           13
                                                                        
  1        44-2101A.  DEFINITIONS. As used in this chapter:
  2        (1)  "Administrator"  means  the administrator of the division of building
  3    safety of the state of Idaho.
  4        (2)  "Manufactured  home"  means  a  structure  as  defined   in   section
  5    39-4105(13), Idaho Code.
  6        (3)  "Manufactured  home  broker" means any person engaged in the business
  7    of selling or exchanging used  units  only,  or  who  buys,  sells,  lists  or
  8    exchanges three (3) or more used units in any one (1) calendar year, except as
  9    otherwise provided in this chapter.
 10        (4)  "Manufactured  home  dealer" means any person engaged in the business
 11    of selling or exchanging new and used units, or  who  buys,  sells,  lists  or
 12    exchanges  three  (3) or more new and used units in any one (1) calendar year,
 13    except as otherwise provided in this chapter.
 14        (5)  "Manufactured home salesman" means any person employed by a  manufac-
 15    tured  home  dealer  or broker for a salary, commission or compensation of any
 16    kind to sell, list, purchase or exchange or to negotiate for the  sale,  list-
 17    ing, purchase or exchange of units, except as otherwise provided in this chap-
 18    ter.
 19        (6)  "Manufactured  home  service  company"  includes  "manufactured  home
 20    installer" and means any person other than a manufactured home dealer who pro-
 21    vides service, setup, or both, of manufactured or mobile homes.
 22        (7)  "Manufacturer"  means  any person engaged in the business of manufac-
 23    turing manufactured homes that are offered for sale, lease or exchange in  the
 24    state of Idaho.
 25        (8)  "Mobile  home"  means a structure similar to a manufactured home, but
 26    built to a state mobile home code which existed prior to the Federal  Manufac-
 27    tured Housing and Safety Standards Act (HUD Code).
 28        (9)  "Person"  means  a  natural  person, corporation, partnership, trust,
 29    society, club, association, or other organization.
 30        (10) "Principal place of business" means an enclosed structure  accessible
 31    and  open to the public, at which the business is lawfully conducted in accor-
 32    dance with the terms of all applicable building codes, zoning and  other  land
 33    use  regulatory  ordinances,  in  which  building  the  public may contact the
 34    dealer, broker or salesman, and at which place shall be  kept  and  maintained
 35    the books, records and files necessary to conduct the business. There shall be
 36    displayed  on  the exterior a sign permanently affixed to the land or building
 37    with letters clearly visible to the major avenue of traffic.
 38        (11) "Responsible managing employee" means the person  designated  by  the
 39    employer to supervise other employees, either personally or through others.
 40        (12) "Unit" means a mobile or manufactured home.
                                                                        
 41        SECTION  34.  That Section 56-701A, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        56-701A.  DEFINITIONS. As used in this chapter and chapter 58,  title  18,
 44    Idaho Code:
 45        (1) "Assistance device" means a cane or walking stick, predominantly white
 46    or  metallic  in  color,  with  or  without red tip, or  a manual or motorized
 47    wheelchair or similar scooter, or  other  similar  devices  that  enhance  the
 48    safety or mobility of a disabled person.
 49        (2)  "Assistance dog" means a dog that has been trained as a guide dog for
 50    a blind or visually impaired person, a hearing dog for a hearing impaired per-
 51    son, or a service dog for a physically disabled person.
 52        (3)  "Disabled  person"  means  a hearing, visually or physically impaired
 53    person.
                                                                        
                                           14
                                                                        
  1        (4)  "Dog-in-training" means a dog being specifically trained  to  develop
  2    social,  environmental  and  other  skills  needed for admission to a training
  3    school or other program for assistance dogs.  Dogs-in-training  shall  wear  a
  4    jacket,  collar,  scarf  or  other similar article identifying it as a dog-in-
  5    training.
  6        (5)  "Guide dog" means a dog that has been specially trained to aid a par-
  7    ticular blind or visually impaired person.
  8        (6)  "Hearing dog" means a dog that has been specially trained  to  aid  a
  9    particular hearing impaired person.
 10        (7)  "Hearing impaired person" means a person who has a hearing impairment
 11    manifested  by a speech discrimination score of forty percent (40%) or more in
 12    the better  ear  with  appropriate  correction  as  certified  by  a  licensed
 13    otologist, licensed audiologist, or the Idaho division of vocational rehabili-
 14    tation.
 15        (8)  "Physically  impaired  person"  means any person with any substantial
 16    physical disability which prevents normal participation in community  or  life
 17    activities  as  are  available  and  participated  in  by persons with no such
 18    afflictions or conditions of the same age and sex.
 19        (9)  "Service dog" means a dog that has been specially trained  to  aid  a
 20    particular  physically  disabled  person with a physical disability other than
 21    sight or hearing impairment.
 22        (10) "Visually impaired person" or "visually handicapped person" means any
 23    person who meets the definition provided in section 39-3202(3), Idaho Code  is
 24    blind,  totally blind, partially blind or otherwise visually handicapped mean-
 25    ing such person has central visual acuity not exceeding 20/200 in  the  better
 26    eye,  with corrected lenses, as measured by the Snellen test, or visual acuity
 27    greater than 20/200, but with a limitation in the field of  vision  such  that
 28    the  widest  diameter  of  the visual field subtends an angle not greater than
 29    twenty (20) degrees.
                                                                        
 30        SECTION 35.  That Section 63-2401, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:
                                                                        
 32        63-2401.  DEFINITIONS. In this chapter:
 33        (1)  "Aircraft engine fuel" means:
 34        (a)  Aviation  gasoline,  defined  as any mixture of volatile hydrocarbons
 35        used in aircraft reciprocating engines; and
 36        (b)  Jet fuel, defined as any mixture of  volatile  hydrocarbons  used  in
 37        aircraft turbojet and turboprop engines.
 38        (2)  "Bond" means:
 39        (a)  A  surety  bond, in an amount required by this chapter, duly executed
 40        by a surety company licensed and authorized to do business in  this  state
 41        conditioned upon faithful performance of all requirements of this chapter,
 42        including  the payment of all taxes, penalties and other obligations aris-
 43        ing out of the provisions of this chapter; or
 44        (b)  A deposit with the commission by any person required to  be  licensed
 45        pursuant  to this chapter under terms and conditions as the commission may
 46        prescribe, of a like amount of lawful money of the United States or  bonds
 47        or  other  obligations  of  the  United States, the state of Idaho, or any
 48        county of the state; or
 49        (c)  An irrevocable letter of credit issued to the commission  by  a  bank
 50        doing business in this state payable to the state upon failure of the per-
 51        son on whose behalf it is issued to remit any payment due under the provi-
 52        sions of this chapter.
 53        (3)  "Commercial  motor boat" means any boat, equipped with a motor, which
                                                                        
                                           15
                                                                        
  1    is wholly or partly used in a profit-making enterprise  or  in  an  enterprise
  2    conducted with the intent of making a profit.
  3        (4)  "Commission" means the state tax commission of the state of Idaho.
  4        (5)  "Distributor"  means any person who receives gasoline, special fuels,
  5    and/or aircraft fuel in this state, and includes a special fuels  dealer.  Any
  6    person  who sells or receives gaseous fuels will not be considered a distribu-
  7    tor unless the gaseous fuel is delivered into the fuel supply tank or tanks of
  8    a motor vehicle not then owned or controlled by him.
  9        (6)  "Dyed fuel" means diesel fuel that is dyed pursuant  to  requirements
 10    of the internal revenue service, or the environmental protection agency.
 11        (7)  "Exported"  means delivered by truck or rail across the boundaries of
 12    this state by or for the seller or purchaser from a place of  origin  in  this
 13    state.
 14        (8)  "Gasohol"  means  gasoline  containing  a mixture of no more than ten
 15    percent (10%) blend anhydrous ethanol.
 16        (9)  "Gasoline" means any mixture of volatile hydrocarbons suitable  as  a
 17    fuel  for  the  propulsion  of  motor vehicles or motor boats. "Gasoline" also
 18    means aircraft engine fuels when used for the operation or propulsion of motor
 19    vehicles or motor boats and includes gasohol, but  does  not  include  special
 20    fuels.
 21        (10) "Highways"  means  every  place of whatever nature open to the use of
 22    the public as a matter of right for the purpose of vehicular travel  which  is
 23    maintained  by  the  state of Idaho or an agency or taxing subdivision or unit
 24    thereof or the federal government or an  agency  or  instrumentality  thereof.
 25    Provided,  however, if the cost of maintaining a roadway is primarily borne by
 26    a special fuels user who operates motor vehicles on that roadway pursuant to a
 27    written contract during any period of time that a special fuels tax  liability
 28    accrues    to the user, such a roadway shall not be considered a "highway" for
 29    any purpose related to calculating that user's special fuel's tax liability or
 30    refund.
 31        (11) "Imported" means delivered by truck or rail across the boundaries  of
 32    this  state  by  or for the seller or purchaser from a place of origin outside
 33    this state.
 34        (12) "International fuel tax agreement" and "IFTA" mean the  international
 35    fuel  tax  agreement  required  by the intermodal surface transportation effi-
 36    ciency act of 1991, Public Law 102-240, 105 Stat. 1914,  including  subsequent
 37    amendments to that agreement.
 38        (13) "Jurisdiction"  means  a  state of the United States, the District of
 39    Columbia, or a province or territory of Canada.
 40        (14) "Licensed distributor" means  any  distributor  who  has  obtained  a
 41    license under the provisions of section 63-2427A, Idaho Code.
 42        (15) "Motor  fuel" means gasoline, special fuels, aircraft engine fuels or
 43    any other fuels suitable for the operation or propulsion  of  motor  vehicles,
 44    motor boats or aircraft.
 45        (16) "Motor vehicle" means every self-propelled vehicle designed for oper-
 46    ation, or required to be licensed for operation, upon a highway.
 47        (17) "Person"  means any individual, firm, fiduciary, copartnership, asso-
 48    ciation, corporation, governmental instrumentality including the state and all
 49    of its agencies and political subdivisions, or any other group or  combination
 50    acting  as  a  unit, and the plural as well as the singular number, unless the
 51    intent to give a more limited meaning is disclosed by  the  context.  Whenever
 52    used  in  any clause prescribing and imposing a fine or imprisonment, or both,
 53    the term "person" as applied to an association means the partners or  members,
 54    and as applied to corporations, the officers.
 55        (18) "Recreational  vehicle"  means  a  snowmobile  as  defined in section
                                                                        
                                           16
                                                                        
  1    67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in  section
  2    49-114, Idaho Code; and any vehicular type unit either as an integral part of,
  3    or required for the movement of, units recreational vehicle as defined in sec-
  4    tion 39-4105(15) 49-119, Idaho Code.
  5        (19) "Retail  dealer" means any person engaged in the retail sale of motor
  6    fuels to the public or for use in the state.
  7        (20) "Special fuels" means:
  8        (a)  All fuel suitable as fuel for diesel engines;
  9        (b)  A compressed or liquified gas obtained as a  byproduct  in  petroleum
 10        refining  or natural gasoline manufacture, such as butane, isobutane, pro-
 11        pane, propylene, butylenes, and their mixtures; and
 12        (c)  Natural gas, either liquid or gas, and hydrogen, used for the genera-
 13        tion of power for the operation or propulsion of motor vehicles.
 14        (21) "Special fuels dealer" means "distributor" under  subsection  (5)  of
 15    this section.
 16        (22) "Special  fuels  user"  means any person who uses or consumes special
 17    fuels for the operation or propulsion of motor vehicles owned or controlled by
 18    him upon the highways of this state.
 19        (23) "Use" means either:
 20        (a)  The receipt, delivery or placing of fuels by a  licensed  distributor
 21        or  a special fuels dealer into the fuel supply tank or tanks of any motor
 22        vehicle not owned or controlled by him while the vehicle  is  within  this
 23        state; or
 24        (b)  The  consumption  of  fuels in the operation or propulsion of a motor
 25        vehicle on the highways of this state.
                                                                        
 26        SECTION 36.  That Section 67-6509A, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        67-6509A.  SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE
 29    AMENDED. (1) By resolution or ordinance adopted, amended or repealed in accor-
 30    dance with the notice and hearing procedures provided under  section  67-6509,
 31    Idaho  Code,  each governing board shall amend its comprehensive plan and land
 32    use regulations for all land zoned for single-family residential uses,  except
 33    for  lands falling within an area defined as a historic district under section
 34    67-4607, Idaho Code, to allow for siting of manufactured homes as  defined  in
 35    section 39-4105(13), Idaho Code.
 36        (2)  Manufactured  homes  on individual lots zoned for single-family resi-
 37    dential uses as provided in subsection (1) of this section shall be  in  addi-
 38    tion to manufactured homes on lots within designated mobile home parks or man-
 39    ufactured home subdivisions.
 40        (3)  This section shall not be construed as abrogating a recorded restric-
 41    tive covenant.
 42        (4)  A  governing  board  may  adopt any or all of the following placement
 43    standards, or any less restrictive standards, for the approval of manufactured
 44    homes located outside mobile home parks:
 45        (a)  The manufactured home shall be multisectional and enclose a space  of
 46        not less than one thousand (1,000) square feet;
 47        (b)  The  manufactured home shall be placed on an excavated and backfilled
 48        foundation and enclosed at the perimeter such that the home is located not
 49        more than twelve (12) inches above grade;
 50        (c)  The manufactured home shall have a pitched roof, except that no stan-
 51        dards shall require a slope of greater than a nominal three  (3)  feet  in
 52        height for each twelve (12) feet in width;
 53        (d)  The manufactured home shall have exterior siding and roofing which in
                                                                        
                                           17
                                                                        
  1        color,  material  and  appearance  is  similar  to the exterior siding and
  2        roofing material commonly used on residential dwellings within the  commu-
  3        nity or which is comparable to the predominant materials used on surround-
  4        ing dwellings as determined by the local permit approval authority;
  5        (e)  The  manufactured  home shall have a garage or carport constructed of
  6        like materials if zoning ordinances  would  require  a  newly  constructed
  7        nonmanufactured home to have a garage or carport;
  8        (f)  In  addition  to the provisions of paragraphs (a) through (e) of this
  9        subsection, a city or county may subject a manufactured home and  the  lot
 10        upon which it is sited to any development standard, architectural require-
 11        ment  and  minimum size requirements to which a conventional single-family
 12        residential dwelling on the same lot would be subjected.
 13        (5)  Any approval standards, special conditions  and  the  procedures  for
 14    approval  adopted by a local government shall be clear and objective and shall
 15    not have the effect, either in themselves  or  cumulatively,  of  discouraging
 16    needed housing through unreasonable cost or delay.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Lodge               
                                                                        
                                                     Seconded by Davis               
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 586
                                                                        
  1                               AMENDMENTS TO SECTION 21
  2        On page 10 of the printed bill, in  line  42,  delete  "may"  and  insert:
  3    "shall";  and  in line 44, following "board." insert: "A county may issue per-
  4    mits for farm buildings to assure compliance with road  setbacks  and  utility
  5    easements, provided that the cost for such permits shall not exceed the actual
  6    cost to the county of issuing the permits.".
                                                     Moved by    Brandt              
                                                                        
                                                     Seconded by Barrutia            
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 586
                                                                        
  7                                AMENDMENT TO SECTION 6
  8        On page 3 of the printed bill, delete lines 43 and 44, and insert: "state.
  9    Local  governments  that  adopt  building  codes,  in  their discretion, shall
 10    enforce all or a portion of the provisions of this chapter that govern  appli-
 11    cation by local governments.".
                                                                        
 12                                 CORRECTION TO TITLE
 13        On page 1, delete line 9, and insert: "TO THE STATE AND THAT LOCAL GOVERN-
 14    MENTS  THAT  ADOPT BUILDING CODES, IN THEIR DISCRETION, SHALL ENFORCE ALL OR A
 15    PORTION OF THE PROVISIONS OF CHAPTER 41, TITLE 39,  IDAHO  CODE,  THAT  GOVERN
 16    APPLICATION BY LOCAL GOVERNMENTS; AMENDING".
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Andreason           
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 586
                                                                        
 17                               AMENDMENTS TO SECTION 13
 18        On page 8 of the printed bill, delete lines 19 through 22 and insert:
 19        "(4)  The  latest edition of the Uniform Mechanical Code, published by the
 20    International Conference of Building Officials;"
 21    in line 23, delete "(6)" and insert: "(5)"; and in line 25, delete  "(7)"  and
 22    insert: "(6)".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 586, As Amended in the Senate
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BUILDING SAFETY; REPEALING  CHAPTER  32,  TITLE  39,  IDAHO  CODE;
  3        AMENDING  THE  HEADING FOR CHAPTER 41, TITLE 39, IDAHO CODE; AMENDING SEC-
  4        TION 39-4101, IDAHO CODE, TO REVISE LEGISLATIVE FINDING AND INTENT; AMEND-
  5        ING SECTION 39-4102, IDAHO CODE, TO REVISE CHAPTER TITLE  AND  TO  MAKE  A
  6        TECHNICAL  CORRECTION; AMENDING SECTION 39-4103, IDAHO CODE, TO REVISE THE
  7        SCOPE OF THE CHAPTER AND  EXEMPTIONS  FROM  APPLICATION  OF  THE  CHAPTER;
  8        AMENDING  SECTION 39-4104, IDAHO CODE, TO PROVIDE THAT THE CHAPTER APPLIES
  9        TO THE STATE AND THAT LOCAL GOVERNMENTS  THAT  ADOPT  BUILDING  CODES,  IN
 10        THEIR  DISCRETION,  SHALL  ENFORCE  ALL  OR A PORTION OF THE PROVISIONS OF
 11        CHAPTER 41, TITLE 39, IDAHO CODE, THAT GOVERN APPLICATION BY LOCAL GOVERN-
 12        MENTS; AMENDING SECTION 39-4105, IDAHO CODE, TO REVISE DEFINITIONS; AMEND-
 13        ING SECTION 39-4106, IDAHO CODE, TO REVISE THE NAME AND AUTHORITY  OF  THE
 14        IDAHO BUILDING CODE BOARD, TO REVISE TERMS OF MEMBERS AND MEETING REQUIRE-
 15        MENTS  FOR THE BOARD, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNI-
 16        CAL CORRECTION; AMENDING SECTION 39-4107, IDAHO CODE, TO REVISE POWERS AND
 17        DUTIES OF THE BOARD; REPEALING SECTION 39-4108, IDAHO CODE; AMENDING CHAP-
 18        TER 41, TITLE 39, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  39-4108,
 19        IDAHO CODE, TO PROVIDE FOR CERTIFICATION OF BUILDING INSPECTORS; REPEALING
 20        SECTION 39-4109, IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY
 21        THE ADDITION OF A NEW SECTION 39-4109, IDAHO CODE, TO PROVIDE FOR APPLICA-
 22        TION  OF  BUILDING  SAFETY  CODES;  REPEALING SECTION 39-4110, IDAHO CODE;
 23        AMENDING SECTION 39-4111, IDAHO CODE, TO PROVIDE CORRECT  TERMINOLOGY,  TO
 24        REMOVE LANGUAGE REFERENCING PERMIT REQUIREMENTS FOR COMMERCIAL COACHES AND
 25        MODULAR  BUILDINGS  AND  TO PROHIBIT PERSONS FROM CONSTRUCTING, IMPROVING,
 26        EXTENDING OR ALTERING BUILDINGS, RESIDENCES OR STRUCTURES IN CERTAIN LOCAL
 27        GOVERNMENT  JURISDICTIONS  WITHOUT  FIRST  PROCURING  APPLICABLE  PERMITS;
 28        AMENDING SECTION 39-4112, IDAHO  CODE,  TO  REVISE  MAXIMUM  PERMIT  FEES;
 29        AMENDING  SECTION  39-4113, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO
 30        REVISE PROVISIONS RELATING TO PLAN REVIEWS, TO PROVIDE FOR LIMITED  REVIEW
 31        OF  SCHOOL PLANS, TO REVISE PLAN REVIEW FEES, TO REMOVE LANGUAGE REQUIRING
 32        MANUFACTURERS TO CERTIFY BUILDING PLANS, TO REVISE REVIEW  AND  INSPECTION
 33        REQUIREMENTS  FOR  SCHOOL DISTRICT BUILDINGS AND FACILITIES, TO ADD REFER-
 34        ENCES TO SCHOOL FACILITIES AND TO PROVIDE THAT THE CHAPTER SHALL NOT LIMIT
 35        LOCAL GOVERNMENTS IN ISSUING PERMITS, REVIEWING PLANS AND PROVIDING BUILD-
 36        ING CODE ENFORCEMENT ACTIVITIES RELATED TO SCHOOL BUILDINGS AND FACILITIES
 37        WITHIN THEIR JURISDICTION; REPEALING SECTION 39-4114, IDAHO CODE; AMENDING
 38        SECTION 39-4115, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO  REVISE
 39        PROVISIONS  RELATING  TO  DIVISION  PERSONNEL;  REPEALING SECTION 39-4116,
 40        IDAHO CODE; AMENDING CHAPTER 41, TITLE 39, IDAHO CODE, BY THE ADDITION  OF
 41        A  NEW  SECTION 39-4116, IDAHO CODE, TO PROVIDE FOR LOCAL GOVERNMENT ADOP-
 42        TION AND ENFORCEMENT OF BUILDING CODES; REPEALING  SECTIONS  39-4116A  AND
 43        39-4117, IDAHO CODE; AMENDING SECTION 39-4120, IDAHO CODE, TO CLARIFY PER-
 44        MISSIBLE GROUNDS FOR APPEALS TO THE BOARD; AMENDING SECTION 39-4121, IDAHO
 45        CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE THAT NO MODULAR BUILD-
 46        ING WHICH HAS BEEN APPROVED BY THE DIVISION SHALL BE MODIFIED PRIOR TO ITS
                                                                        
                                           2
                                                                        
  1        INITIAL  OCCUPANCY  UNLESS  APPROVAL OF SUCH MODIFICATION IS FIRST MADE BY
  2        THE DIVISION; AMENDING SECTION 39-4122, IDAHO  CODE,  TO  PROVIDE  CORRECT
  3        TERMINOLOGY  AND TO PROVIDE REFERENCE TO THE ADOPTED CODES, LAWS AND RULES
  4        PROMULGATED BY THE BOARD; AMENDING SECTION 39-4124, IDAHO CODE, TO PROVIDE
  5        CORRECT TERMINOLOGY; AMENDING SECTION 39-4125, IDAHO CODE, TO PROVIDE COR-
  6        RECT TERMINOLOGY AND TO REMOVE REFERENCE TO REGULATIONS; AMENDING  SECTION
  7        39-4126,  IDAHO  CODE,  TO PROHIBIT PERSONS FROM WILLFULLY VIOLATING RULES
  8        PROMULGATED BY THE ADMINISTRATOR OR THE BOARD AND TO MAKE  TECHNICAL  COR-
  9        RECTIONS; REPEALING SECTION 39-4127, IDAHO CODE; AMENDING SECTION 39-4128,
 10        IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; REPEALING SECTIONS 39-4130 AND
 11        39-4131,  IDAHO CODE; REPEALING CHAPTER 23, TITLE 44, IDAHO CODE; AMENDING
 12        SECTION 44-2101A, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION
 13        56-701A, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO  FURTHER  DEFINE  A
 14        TERM;  AMENDING  SECTION 63-2401, IDAHO CODE, TO FURTHER DEFINE A TERM AND
 15        TO REVISE A CODE REFERENCE; AND AMENDING SECTION 67-6509A, IDAHO CODE,  TO
 16        REVISE A CODE REFERENCE.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION  1.  That  Chapter  32,  Title 39, Idaho Code, be, and the same is
 19    hereby repealed.
                                                                        
 20        SECTION 2.  That the Heading for Chapter 41, Title 39, Idaho Code, be, and
 21    the same is hereby amended to read as follows:
                                                                        
 22                                      CHAPTER 41
 23                           IDAHO BUILDING CODE ADVISORY ACT
                                                                        
 24        SECTION 3.  That Section 39-4101, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        39-4101.  LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes
 27    and  uniformity  in  procedures for enforcing building safety codes throughout
 28    the nation and state are matters  of  nationwide  and  statewide  concern  and
 29    interest,  in that uniformity would enhance elimination of obsolete, restrict-
 30    ing, conflicting, duplicating and  unnecessary  regulations  and  requirements
 31    which could unnecessarily increase construction costs or retard the use of new
 32    materials  and  methods  of  installation  or provide unwarranted preferential
 33    treatment to types or classes of materials or products or methods of construc-
 34    tion.
 35        The legislature also finds that the  factory  production  of  housing  and
 36    other  buildings  presents unique problems with respect to uniformity of codes
 37    and inspections throughout this state and nation.
 38        (2)  It is the intent of the legislature to:
 39        (a)  Promote the health, safety and welfare of the occupants or  users  of
 40        buildings and structures and the general public subject to this chapter;
 41        (b)  Require  minimum performance standards and requirements for construc-
 42        tion and construction materials, consistent  with  accepted  standards  of
 43        engineering,  fire  safety,  life  safety and accessibility for those with
 44        disabilities;
 45        (c)  Require Establish, for jurisdictions enforcing building codes  pursu-
 46        ant  to  this chapter, minimum standards and requirements in terms of per-
 47        formance, energy efficiency, effect upon construction  costs  and  consis-
 48        tency with nationally accepted standards;
 49        (d)  Permit the use of modern technical methods, devices and improvements;
                                                                        
                                           3
                                                                        
  1        and
  2        (e)  Provide for a uniform interpretation of the building and safety codes
  3        for  the  state of Idaho Clarify and establish roles of the various juris-
  4        dictions subject to this chapter.
                                                                        
  5        SECTION 4.  That Section 39-4102, Idaho Code, be, and the same  is  hereby
  6    amended to read as follows:
                                                                        
  7        39-4102.  SHORT  TITLE.  This  act  chapter  shall  be known as "The Idaho
  8    Building Code Advisory Act." of 1975."
                                                                        
  9        SECTION 5.  That Section 39-4103, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        39-4103.  SCOPE  --  EXEMPTIONS.  (1) The provisions of this chapter shall
 12    apply to all buildings and construction within the state of Idaho,  except  as
 13    otherwise  provided  in This chapter authorizes the state division of building
 14    safety and local governments to adopt and enforce building codes  pursuant  to
 15    the  provisions  of  this chapter. All buildings owned by any state government
 16    agency or entity, or which are constructed or renovated specifically  for  use
 17    or  occupancy  by  any such state agency or entity, shall conform to the codes
 18    adopted in this chapter. The following is exempt from the provisions  of  this
 19    chapter:
 20        (2)  Structures  Equipment  used primarily for industrial chemical process
 21    purposes and for mineral extraction and mineral processing purposes. shall  be
 22    exempt from this chapter except for This exemption shall not include the erec-
 23    tion  and  fabrication  of new structures, boilers, pressure vessels and other
 24    equipment as required to condition the  building  for  personnel  comfort  and
 25    safety. Equipment in this regard shall mean and shall be limited to facilities
 26    or  installations  for  heating,  ventilating, air conditioning, refrigerating
 27    facilities associated with air conditioning equipment, elevators, dumbwaiters,
 28    escalators, and boilers and pressure vessels associated with building  heating
 29    systems.
 30        (3)  Temporary  facilities, as defined in section 39-4105(16), Idaho Code,
 31    shall be exempt from the provisions of  this  chapter,  except  for  temporary
 32    facilities  which are classified as a modular building under the provisions of
 33    section 39-4121, Idaho Code, and/or a commercial coach under the provisions of
 34    section 39-4122, Idaho Code.
 35        (4)  Farms, as defined in section 39-4105(19), Idaho Code, shall be exempt
 36    from the provisions of this chapter except for any structure which is  classi-
 37    fied  as  a  modular  building  under the provisions of section 39-4121, Idaho
 38    Code, and/or a commercial coach under the provisions of section 39-4122, Idaho
 39    Code, or a manufactured home under the provisions of  chapter  40,  title  39,
 40    Idaho Code.
                                                                        
 41        SECTION  6.  That  Section 39-4104, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        39-4104.  ENFORCEMENT OF LAW. The administrator of the division of  build-
 44    ing  safety shall enforce the provisions of this act chapter that apply to the
 45    state. Local governments that adopt building codes, in their discretion, shall
 46    enforce all or a portion of the provisions of this chapter that govern  appli-
 47    cation by local governments.
                                                                        
 48        SECTION  7.  That  Section 39-4105, Idaho Code, be, and the same is hereby
                                                                        
                                           4
                                                                        
  1    amended to read as follows:
                                                                        
  2        39-4105.  DEFINITIONS. As used in this chapter, the terms defined in  this
  3    section  shall  have  the following meanings, unless the context clearly indi-
  4    cates another meaning. Where terms are not defined in  this  chapter  and  are
  5    defined  in the currently adopted International Building Code published by the
  6    International Code Council, such terms shall have  the  meanings  ascribed  to
  7    them in that code:
  8        (1)  "Administrator"  means  the administrator of the division of building
  9    safety for the state of Idaho.
 10        (2)  "Board" means the Idaho building code advisory board, herein created.
 11        (3)  "Person" means a natural  person,  corporation,  partnership,  trust,
 12    society, club, association, or other organization "Building inspector" means a
 13    person who inspects buildings or structures for compliance with the provisions
 14    of this chapter.
 15        (4)  "Building"  means  a  combination  of  materials, whether portable or
 16    fixed, which comprises a structure affording facilities or shelter for any use
 17    or occupancy, and shall include a part or  parts  thereof  and  all  equipment
 18    therein normally a part of the structure "Closed construction" means any manu-
 19    factured  building  or  building component which may enclose factory installed
 20    structural, mechanical, electrical or plumbing systems and  is  not  open  for
 21    visual inspection at the building site.
 22        (5)  "Commercial  coach" means a modular building equipped with the neces-
 23    sary service connections and made so as to be readily movable as a unit on its
 24    own running gear and originally designated to  be  used  without  a  permanent
 25    foundation.
 26        (6)  "Construction" means the erection, fabrication, reconstruction, demo-
 27    lition, alteration, conversion, or repair of a building, (other than in-kind),
 28    or the installation of equipment therein normally a part of the structure.
 29        (67)  "Equipment"  means  facilities  or  installations including, but not
 30    limited to, heating, ventilating, air conditioning, and refrigerating  facili-
 31    ties  or  installations,  and  elevators, dumbwaiters, escalators, boilers and
 32    pressure vessels and ski lifts, but not including  telecommunications  facili-
 33    ties "Division" means the state of Idaho division of building safety.
 34        (78)  "Local inspection agency" means the agency or agencies of local gov-
 35    ernment  with  authority  to  make inspections of buildings and to enforce the
 36    codes, laws and rules of the state of  Idaho  which  establish  standards  and
 37    requirements applicable to the construction, alteration, repair, or demolition
 38    of  buildings  "International  Fire Code" means the International Fire Code as
 39    published by the International Code Council.
 40        (89)  "Local government" means any city or county of this state.
 41        (10) "Manufactured home" means a structure,  constructed  after  June  15,
 42    1976,  in  accordance  with  the HUD manufactured home construction and safety
 43    standards, and is transportable in one (1) or more  sections,  which,  in  the
 44    traveling  mode, is eight (8) body feet or more in width or is forty (40) body
 45    feet or more in length, or when erected on site, is three hundred twenty (320)
 46    or more square feet, and which is built on a permanent chassis and designed to
 47    be used as a dwelling with or without a permanent foundation when connected to
 48    the required utilities, and includes the plumbing, heating, air  conditioning,
 49    and  electrical systems contained therein, except that such term shall include
 50    any structure which meets all the requirements of this  paragraph  except  the
 51    size requirements and with respect to which the manufacturer voluntarily files
 52    a certification required by the secretary of housing and urban development and
 53    complies with the standards established under 42 U.S.C. section 5401 et seq.
 54        (11) "Mobile  home" means a factory-assembled structure or structures gen-
                                                                        
                                           5
                                                                        
  1    erally constructed prior to June 15, 1976, and  equipped  with  the  necessary
  2    service connections and made so as to be readily movable as a unit or units on
  3    their  own  running  gear  and designed to be used as a dwelling unit or units
  4    with or without a permanent foundation.
  5        (912) "Modular building" means any building or building  component,  other
  6    than  a  manufactured  or mobile home, which is constructed according to codes
  7    and standards contained in the Uniform Building Code, as adopted or any amend-
  8    ments thereto adopted by the division of building safety, which is  of  closed
  9    construction  and  is either entirely or substantially prefabricated or assem-
 10    bled at a place other than the building site.
 11        (10) "Building site" means any lot, tract, parcel, or subdivision of land,
 12    either public or private, upon which a building is placed or is to be placed.
 13        (11) "Closed construction" means any  manufactured  building  or  building
 14    component which may enclose factory installed structural, mechanical, electri-
 15    cal  or plumbing systems and is not open for visual inspection at the building
 16    site.
 17        (12) "Commercial coach" means a modular building equipped with the  neces-
 18    sary service connections and made so as to be readily movable as a unit on its
 19    own  running  gear  and  originally  designated to be used without a permanent
 20    foundation.
 21        (13) "Manufactured home" (formerly mobile home) means  a  structure,  con-
 22    structed  according  to HUD/FHA mobile home construction and safety standards,
 23    transportable in one or more sections, which, in the traveling mode, is  eight
 24    (8)  body  feet or more in width or is forty (40) body feet or more in length,
 25    or when erected on site, is three hundred twenty (320) or  more  square  feet,
 26    and  which is built on a permanent chassis and designed to be used as a dwell-
 27    ing with or without a permanent foundation  when  connected  to  the  required
 28    utilities,  and includes the plumbing, heating, air conditioning, and electri-
 29    cal systems contained therein, except that such term shall include any  struc-
 30    ture  which  meets  all  the  requirements  of  this paragraph except the size
 31    requirements and with respect to which the manufacturer  voluntarily  files  a
 32    certification  required  by the secretary of housing and urban development and
 33    complies with the standards established under 42 U.S.C. 5401 et seq.
 34        (14) "Temporary facility" means a structure designed  and  constructed  to
 35    service actual construction projects and which is completely removed upon com-
 36    pletion  of  the project. This structure shall not be a place of employment or
 37    human habitation, and does not include those temporary structures used for the
 38    protection of the public around and in conjunction with construction work.
 39        (15) "Human habitation," when used in  respect  to  temporary  facilities,
 40    means  a  space  in  a  structure  for  living,  sleeping,  eating or cooking.
 41    Bathrooms, toilet compartments, storage or utility space and similar areas are
 42    not considered space for human habitation.
 43        (163) "Telecommunications facilities" means all wires, cables,  equipment,
 44    apparatus  or other installations necessary to furnish service, by which there
 45    is accomplished or may be accomplished, the sending or receiving  of  informa-
 46    tion, data, message writing signs, signals, pictures, and sounds of all kinds,
 47    by aid of such wires, cables, equipment, apparatus or other installations, but
 48    shall  not  include  the  habitable structure in which such telecommunications
 49    facilities are housed.
 50        (17) "Farm" means an agricultural unit of five (5) acres or more.
                                                                        
 51        SECTION 8.  That Section 39-4106, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
 53        39-4106.  IDAHO  BUILDING  CODE  ADVISORY  BOARD  CREATED -- MEMBERSHIP --
                                                                        
                                           6
                                                                        
  1    APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION  --  MEETINGS.  (1)  The  Idaho
  2    building  code advisory board is established within the department division as
  3    an appeals, code adoption and variance, and advisory rulemaking board,  to  be
  4    appointed by the governor, and shall consist of nine (9) members: one (1) mem-
  5    ber  of  the  general  public; one (1) local fire official; one (1) registered
  6    engineer; one (1) licensed architect; two (2) local  building  officials,  one
  7    (1) from a county and one (1) from a city; one (1) homebuilder or general con-
  8    tractor;  one (1) representative of the modular building industry; and one (1)
  9    individual with a disability from an organization that represents people  with
 10    all  types  of  disabilities.  Board members shall be appointed for a terms of
 11    four (4) years and until their successor has been appointed. Three (3) consec-
 12    utive failures by a member to attend meetings of the board without  reasonable
 13    cause  shall  constitute cause for removal of the member from the board by the
 14    governor. Whenever a vacancy occurs,  the governor shall appoint  a  qualified
 15    person to fill the vacancy for the unexpired portion of the term.
 16        (2)  The  members  of the board shall, at their first regular meeting fol-
 17    lowing the effective date of this chapter and every two (2) years  thereafter,
 18    elect  by majority vote of the members of the board, a chairman who shall pre-
 19    side at meetings of the board. A majority of the currently  appointed  members
 20    of the board shall constitute a quorum.
 21        (3)  Each  member  of the board not otherwise compensated by public moneys
 22    shall be compensated as provided by section 59-509(h), Idaho  Code,  for  each
 23    day spent in attendance at meetings of the board.
 24        (4)  The board shall meet for regular business sessions at the call of the
 25    administrator,  chairman, or at the request of three four (34)  members of the
 26    board, provided that the board shall meet at least biannually.
                                                                        
 27        SECTION 9.  That Section 39-4107, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        39-4107.  POWERS AND DUTIES. (1) Upon publication of the latest edition of
 30    the  building code by the International Code Council, the board shall initiate
 31    the process of developing legislation to provide for its adoption  under  sec-
 32    tion  39-4109, Idaho Code. The board shall also determine that building code's
 33    equivalency with the provisions of the Americans With Disabilities Act  Acces-
 34    sibility  Guidelines  and  the Fair Housing Act Accessibility Guidelines. Upon
 35    finding that the building code under review does  not  provide  an  equivalent
 36    level  of  protection  for those with disabilities, the board shall promulgate
 37    rules to amend the code so as to minimize those deficiencies  to  the  maximum
 38    extent possible. The board shall complete the legislation development process,
 39    code  equivalency  analysis  and  promulgation of rules as needed to amend the
 40    code within twenty-four (24) months of its publication  by  the  International
 41    Code Council The board shall continually study the operation of adopted codes,
 42    standards  and  rules  relating to the construction of buildings or facilities
 43    under the jurisdiction of the division to ascertain their effect upon the pub-
 44    lic safety and shall support an ongoing effort to promote  the  uniform  adop-
 45    tion,  application  and  interpretation  of safety, accessibility and building
 46    codes statewide. The board shall have the authority to adopt and  enforce  the
 47    codes  specified  in  section  39-4109,  Idaho Code, or later editions of such
 48    codes, and to promulgate rules in accordance with chapter 52, title 67,  Idaho
 49    Code, to implement the provisions of this chapter.
 50        (2)  The  board shall function as a board of appeals and shall provide for
 51    reasonable interpretations and suitability of alternate materials and  methods
 52    of  construction as defined in the codes enumerated in this act. for the divi-
 53    sion as prescribed in the adopted building  code.  The  board  shall  have  no
                                                                        
                                           7
                                                                        
  1    authority to waive any requirements of the codes enumerated in this chapter or
  2    in rules promulgated pursuant to this chapter. Provided further:
  3        (3a)  The  decisions  of  the  board shall, in respect to code interpreta-
  4        tions, be final, and the board shall render all decisions and findings  in
  5        writing to the appropriate enforcement official and agency, the appellant,
  6        and  the administrator within ten (10) working days of the conclusion of a
  7        hearing.; and
  8        (4b)  For each appeal brought before the board, the chairman shall appoint
  9        not less than three (3) members of the board to hear the appeal and render
 10        a decision and finding in the name of the board.
 11        (5)  The board shall continually study the  operation  of  adopted  codes,
 12    standards,  rules and regulations relating to the construction of buildings to
 13    ascertain their effect upon the public safety and support an ongoing effort to
 14    promote the uniform adoption, application and interpretation of safety, acces-
 15    sibility and building codes statewide.
 16        (6)  The board shall adopt the latest changes to the codes  enumerated  in
 17    this act, and shall recommend to the director such amendments deemed necessary
 18    for  the safety of the public. Such amendments shall be promulgated only after
 19    public hearings on the subject amendments.
 20        (7)  The board shall have the authority to promulgate rules in  accordance
 21    with  chapter  52,  title  67, Idaho Code, to implement the provisions of this
 22    chapter.
 23        (83)  The board shall utilize experts, consultants, and technical advisors
 24    for assistance and recommendations relative to codes, standards, and appeals.
                                                                        
 25        SECTION 10.  That Section 39-4108, Idaho Code, be, and the same is  hereby
 26    repealed.
                                                                        
 27        SECTION  11.  That  Chapter  41, Title 39, Idaho Code, be, and the same is
 28    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 29    ignated as Section 39-4108, Idaho Code, and to read as follows:
                                                                        
 30        39-4108.  CERTIFICATION.  After  July  1, 2002, state and local government
 31    building inspectors, including state safety advisors, shall hold a valid  cer-
 32    tification  as  a  building inspector or plans examiner issued by the Interna-
 33    tional Code Council (ICC) or the International Conference  of  Building  Offi-
 34    cials  (ICBO), except that a building inspector with a valid ICC or ICBO resi-
 35    dential building inspector certification may only inspect structures regulated
 36    by the International Residential Code (IRC). A building inspector with a valid
 37    ICC or ICBO residential building inspector  certification  working  under  the
 38    supervision  of  an ICC or ICBO certified building inspector or plans examiner
 39    may inspect all occupancy classifications for a period not to exceed three (3)
 40    years. Any building inspector or plans examiner possessing state certification
 41    as of June 30, 2002, may continue to serve as a  building  inspector,  without
 42    renewal,  until  July  1,  2005, at which time certification as an ICC or ICBO
 43    building inspector or plans examiner shall be necessary to  retain  inspection
 44    authority.
                                                                        
 45        SECTION  12.  That section 39-4109, Idaho Code, be, and the same is hereby
 46    repealed.
                                                                        
 47        SECTION 13.  That Chapter 41, Title 39, Idaho Code, be, and  the  same  is
 48    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 49    ignated as Section 39-4109, Idaho Code, and to read as follows:
                                                                        
                                           8
                                                                        
  1        39-4109.  APPLICATION OF CODES. The following codes are hereby adopted for
  2    the state of Idaho division of building safety and shall only  be  applied  by
  3    local governments as prescribed by section 39-4116, Idaho Code:
  4        (1)  The  2000 International Building Code and appendices thereto pertain-
  5    ing to building accessibility, not including the adoption of the  incorporated
  6    electrical  codes,  plumbing  codes,  fire codes or property maintenance codes
  7    other than specifically referenced subjects or sections of  the  International
  8    Fire  Code,  but  including  the  incorporated International Residential Code;
  9    International Mechanical Code;  International  Fuel  Gas  Code;  International
 10    Energy  Conservation  Code; for the 2000 edition of the International Building
 11    Code, the requirements  pertaining to accessibility for persons with disabili-
 12    ties published by the International Code Council in the 2001 supplement to the
 13    International Codes and rules promulgated by the board to provide  equivalency
 14    with  the  provisions  of  the  Americans  with disabilities act accessibility
 15    guidelines  and  the  fair  housing  act  accessibility  guidelines  shall  be
 16    included;
 17        (2)  The 2000 International Residential Code as published by the  Interna-
 18    tional Code Council, except for parts VII and VIII as they pertain to plumbing
 19    and electrical requirements;
 20        (3)  The  2000  International Energy Conservation Code as published by the
 21    International Code Council;
 22        (4)  The latest edition of the Uniform Mechanical Code, published  by  the
 23    International Conference of Building Officials;
 24        (5)  The  1997  Uniform Code for Building Conservation as published by the
 25    International Conference of Building Officials; and
 26        (6)  The Safety Code for Elevators and  Escalators  (ASME/ANSI  A17.1)  as
 27    published  by  the  American  Society of Mechanical Engineers and the American
 28    National Standards Institute.
                                                                        
 29        SECTION 14.  That Section 39-4110, Idaho Code, be, and the same is  hereby
 30    repealed.
                                                                        
 31        SECTION  15.  That Section 39-4111, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        39-4111.  PERMITS REQUIRED. (1) It shall be unlawful for any person to do,
 34    or cause or permit to be done, whether acting as principal, agent or employee,
 35    any construction, improvement, extension or alteration of any building,  resi-
 36    dence  or structure, coming under the purview of this chapter the division, in
 37    the state of Idaho without first  procuring  a  permit  from  the  appropriate
 38    agency division authorizing such work to be done.
 39        For the purposes of permit requirements for commercial coaches and modular
 40    buildings,  a  single  permit  covering  all  aspects of construction shall be
 41    issued by the director.
 42        (2)  It shall be unlawful for any person to do, or cause or permit  to  be
 43    done,  whether  acting  as  principal,  agent  or  employee, any construction,
 44    improvement, extension or alteration of any building, residence  or  structure
 45    in  a  local  government  jurisdiction enforcing building codes, without first
 46    procuring a permit in accordance with the applicable ordinance  or  ordinances
 47    of the local government.
                                                                        
 48        SECTION  16.  That Section 39-4112, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        39-4112.  MAXIMUM PERMIT FEES TO BE ASSESSED  BY  THE  DIVISION.  Building
                                                                        
                                           9
                                                                        
  1    permit  fees  shall be as established by rules promulgated by the board. Until
  2    such rules are effective, bBuilding permit fees based on total valuation value
  3    of the construction shall not exceed those given in table 3-A, Uniform  Build-
  4    ing Code, 1985.
                                                                        
  5        SECTION  17.  That Section 39-4113, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        39-4113.  PLAN CHECKING REVIEWS -- MAXIMUM FEES  AND  SCHOOL  INSPECTIONS.
  8    (1)  Notwithstanding  the provisions of section 302(b), Uniform Building Code,
  9    1985, tThe administrator shall establish a program  for  total  plan  checking
 10    review  and  permit  issue  issuance  entirely within the division of building
 11    safety. Plan review shall be for the provisions of this  chapter  and  chapter
 12    10,  title  54,  Idaho  Code, chapter 26, title 54, Idaho Code, and chapter 2,
 13    title 41, Idaho Code, pertaining to  construction,  alteration  or  repair  of
 14    buildings or structures within the scope of the division's jurisdiction pursu-
 15    ant  to  this  chapter.  Plans  for schools reviewed by the division shall not
 16    include a review for compliance with the provisions of chapter  2,  title  41,
 17    Idaho Code.
 18        (2)  Plan  review  fees  shall be as required established by rules promul-
 19    gated by the board. Until such rules are effective, plan review fees shall not
 20    exceed those specified by section 304(c), Uniform Building Code, 1985 edition.
 21        (3)  Each manufacturer of commercial coaches and modular  buildings  shall
 22    submit the building plans for every model of such structure to the administra-
 23    tor  for  the  purpose of review. The manufacturer must certify that each such
 24    building plan meets the appropriate construction and safety standards in force
 25    at that time before the model involved is produced.
 26        (4)  Each school district shall submit to the division of building  safety
 27    a  three (3) sets of working drawings and specifications for new school build-
 28    ings or facilities and additions or alterations to  existing  buildings  which
 29    are  estimated  to  cost  or facilities wherein the proposed work is valued in
 30    excess of twenty-five thousand dollars ($25,000). The division will review the
 31    plans for compliance with the current editions of the codes specified in  this
 32    chapter  or within rules promulgated pursuant to this chapter by the board and
 33    by section 39-8006, Idaho Code. These plans must be approved before the school
 34    district may advertise for bids. Once plans are reviewed and approved  by  the
 35    division  of  building safety pursuant to this section, no material change can
 36    be made to such plans without review and approval of such change by the  divi-
 37    sion  of  building  safety.  To assure that building inspections are conducted
 38    statewide for aAll school construction or remodeling governed by this chapter,
 39    building inspections shall be performed inspected by Idaho certified  building
 40    inspectors  certified  in  accordance  with section 39-4108, Idaho Code, or by
 41    Idaho licensed architects or engineers either employed  by  or  contracted  to
 42    local  jurisdictions  to  determine compliance with this chapter and the Idaho
 43    uniform school building safety act, chapter 80, title 39, Idaho Code.  Nothing
 44    in  this  section shall limit the authority of local governments to issue per-
 45    mits, review plans and provide a  full  range  of  building  code  enforcement
 46    activities  as  they  relate  to  school  buildings or facilities within their
 47    jurisdiction.
                                                                        
 48        SECTION 18.  That Section 39-4114, Idaho Code, be, and the same is  hereby
 49    repealed.
                                                                        
 50        SECTION  19.  That Section 39-4115, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
                                           10
                                                                        
  1        39-4115.  PERSONNEL. The department division shall employ a bureau  chief,
  2    who  shall in addition to his other duties, function as the executive director
  3    of the board, and such other personnel as necessary to effect  enforcement  of
  4    the  codes  herein  enumerated or otherwise prescribed by rules promulgated by
  5    the board pursuant to this chapter. All  such  employees,  except  the  bureau
  6    chief, shall be classified as prescribed in chapter 53, title 67, Idaho Code.
                                                                        
  7        SECTION  20.  That Section 39-4116, Idaho Code, be, and the same is hereby
  8    repealed.
                                                                        
  9        SECTION 21.  That Chapter 41, Title 39, Idaho Code, be, and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 39-4116, Idaho Code, and to read as follows:
                                                                        
 12        39-4116.  LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
 13    Local governments enforcing building codes shall do so only in compliance with
 14    the provisions of this section. Local governments  that  have  not  previously
 15    instituted  and  implemented a code enforcement program prior to the effective
 16    date of this act may elect to implement a building code enforcement program by
 17    passing an ordinance evidencing the intent to do  so.  Local  governments  may
 18    contract  with  a  public  or private entity to administer their building code
 19    enforcement program.
 20        (2)  By January 1, 2003, local governments that issue building permits and
 21    perform building code enforcement activities shall, by  ordinance,  adopt  the
 22    following  codes as published by the International Code Council and as adopted
 23    by the state or by the Idaho building code board:
 24        (a)  International Building Code, including all rules promulgated  by  the
 25        board  to  provide  equivalency  with the provisions of the americans with
 26        disabilities act accessibility guidelines and the federal fair housing act
 27        accessibility guidelines;
 28        (b)  International Residential Code, parts I-IV and IX; and
 29        (c)  International Energy Conservation Code.
 30    Local governments are not required by this chapter to adopt the  other  refer-
 31    enced codes in the International Building Code.
 32        (3)  Local  governments may amend by ordinance the adopted codes or provi-
 33    sions of referenced codes to reflect local concerns, provided such  amendments
 34    establish  at  least  an equivalent level of protection to that of the adopted
 35    building code. A local jurisdiction shall not have the authority to amend  any
 36    accessibility  provision  pursuant  to section 39-4109, Idaho Code. Previously
 37    adopted local amendments to a superseded version  of  a  building  code  shall
 38    remain  in full force and effect for a period not to exceed one (1) year after
 39    the effective date of adoption of a new version of the building code, provided
 40    that such amendments do not conflict with  provisions  of  the  newly  adopted
 41    building code.
 42        (4)  Local  governments  shall  exempt  agricultural  buildings  from  the
 43    requirements of the codes enumerated in this chapter and the rules promulgated
 44    by  the board. A county may issue permits for farm buildings to assure compli-
 45    ance with road setbacks and utility easements, provided that the cost for such
 46    permits shall not exceed the actual cost to the county of issuing the permits.
 47        (5)  Permits shall be governed by the laws in effect at the time the  per-
 48    mit application is received.
 49        (6)  The  division  shall retain jurisdiction for in-plant inspections and
 50    installation standards for manufactured  or  mobile  homes  and  for  in-plant
 51    inspections  and  enforcement  of construction standards for modular buildings
 52    and commercial coaches.
                                                                        
                                           11
                                                                        
  1        SECTION 22.  That Sections 39-4116A and 39-4117, Idaho Code, be,  and  the
  2    same are hereby repealed.
                                                                        
  3        SECTION  23.  That Section 39-4120, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        39-4120.  APPEALS TO BOARD -- JUDICIAL REVIEW.  The  board  shall,  within
  6    twenty  (20)  days  after  receipt  of notice for an appeal, hear such appeals
  7    brought before it by persons affected by any code, rule, regulation  or  deci-
  8    sion  pursuant  to this act applicable to buildings within the jurisdiction of
  9    the division. Such proceedings shall be governed by the provisions of  chapter
 10    52, title 67, Idaho Code. Final decisions of the board, other than code inter-
 11    pretations,  are  subject to judicial review in accordance with the provisions
 12    of chapter 52, title 67, Idaho Code.
                                                                        
 13        SECTION 24.  That Section 39-4121, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:
                                                                        
 15        39-4121.  MODULAR  BUILDINGS  --  INSIGNIA  OF APPROVAL -- INSTALLATION --
 16    MODIFICATION. (1) No modular building shall be installed on a building site in
 17    this state on or after July 1, 1975, unless  it  is  approved  and  bears  the
 18    insignia of approval of the department division.
 19        (2)  Any  modular  building bearing an insignia of approval of the depart-
 20    ment division shall be deemed to comply with codes, laws, or regulations rules
 21    enacted by the state of Idaho which govern the manufacturing  manufacture  and
 22    construction of such building.
 23        (3)  No  modular  building which has been approved by the department divi-
 24    sion shall be in any way modified prior to or during installation by  a  manu-
 25    facturer  or installer its initial occupancy unless approval of that modifica-
 26    tion is first made by the department division.
                                                                        
 27        SECTION 25.  That Section 39-4122, Idaho Code, be, and the same is  hereby
 28    amended to read as follows:
                                                                        
 29        39-4122.  COMMERCIAL COACHES -- ISSUANCE OF INSIGNIA -- COST. The director
 30    administrator  shall  issue  insignia  for  commercial  coaches which meet the
 31    requirements of the standards, adopted codes, laws and rules  and  regulations
 32    promulgated  by  the  director board pursuant to this act chapter. The cost of
 33    the insignia, if issued, shall be included as a part of the fee schedule.
                                                                        
 34        SECTION 26.  That Section 39-4124, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        39-4124.  "IDAHO  BUILDING  CODE  FUND" ESTABLISHED. All money received by
 37    the department division under the terms and provisions  of  this  act  chapter
 38    shall  be  paid into the state treasury, and shall be, by the state treasurer,
 39    placed to the credit of the general fund in an account  to  be  known  as  the
 40    "Idaho  building  code  fund,"  and  all such moneys, hereafter placed in said
 41    fund, are hereby set aside and appropriated  to  the  department  division  to
 42    carry into effect the provisions of this act chapter.
                                                                        
 43        SECTION  27.  That Section 39-4125, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        39-4125.  INJUNCTION -- AFFIDAVIT SETTING OUT NONCONFORMITY.  The  depart-
                                                                        
                                           12
                                                                        
  1    ment  division  may obtain from a district court having jurisdiction, a tempo-
  2    rary injunction enjoining the construction of a building(s) or installation of
  3    modular buildings on any building site upon affidavit of the department  divi-
  4    sion  that  such building does not conform to the requirements of this chapter
  5    or to the rules and regulations adopted pursuant to this chapter or any  other
  6    chapter  of the state of Idaho Code relating to the building construction. The
  7    affidavit must set forth such violations in detail. The injunction may be made
  8    permanent, in the discretion of the court.
                                                                        
  9        SECTION 28.  That Section 39-4126, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:
                                                                        
 11        39-4126.  VIOLATIONS  MISDEMEANORS.  (1) Any person who wilfully willfully
 12    violates any provision of this chapter or who wilfully willfully violates  any
 13    provisions of the codes enumerated in this chapter or rules promulgated by the
 14    director  administrator  or the board pursuant to this chapter, is guilty of a
 15    misdemeanor, and upon conviction, shall be fined not more than  three  hundred
 16    dollars  ($300),  or  imprisoned for not more than ninety (90) days or by both
 17    fine and imprisonment. Violations of this chapter shall be tried in any  court
 18    of competent jurisdiction within the state of Idaho.
 19        (2)  A  separate violation is deemed to have occurred with respect to each
 20    building not in compliance with this chapter. Each day such violation  contin-
 21    ues constitutes a separate offense.
 22        (3)  The misdemeanor provisions of subsections (1) and (2) of this section
 23    shall  not  apply  to manufactured homes. Violations of manufactured home con-
 24    struction and safety standards shall be tried in any court of competent juris-
 25    diction.
                                                                        
 26        SECTION 29.  That Section 39-4127, Idaho Code, be, and the same is  hereby
 27    repealed.
                                                                        
 28        SECTION  30.  That Section 39-4128, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        39-4128.  RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the  director
 31    administrator  determines  that standards for modular buildings and commercial
 32    coaches which have been adopted  by  the  statutes  or  regulations  rules  of
 33    another  state  are  at  least  equal to the standards adopted by the director
 34    administrator, the director administrator  may so provide by regulation rule.
 35        (2)  If the director administrator determines that standards  for  modular
 36    buildings  and  commercial coaches have not been adopted by another state, and
 37    modular buildings and commercial coaches from that state are transported  into
 38    this state to be offered for sale, the director administrator may certify per-
 39    sonnel  to inspect such modular buildings or commercial coaches. If the direc-
 40    tor administrator shall then determine that said units meet the  standards  of
 41    this state, the product shall be acceptable and the director administrator may
 42    issue insignia for said modular building or commercial coach.
                                                                        
 43        SECTION  31.  That  Sections  39-4130 and 39-4131, Idaho Code, be, and the
 44    same are hereby repealed.
                                                                        
 45        SECTION 32.  That Chapter 23, Title 44, Idaho Code, be, and  the  same  is
 46    hereby repealed.
                                                                        
 47        SECTION 33.  That Section 44-2101A, Idaho Code, be, and the same is hereby
                                                                        
                                           13
                                                                        
  1    amended to read as follows:
                                                                        
  2        44-2101A.  DEFINITIONS. As used in this chapter:
  3        (1)  "Administrator"  means  the administrator of the division of building
  4    safety of the state of Idaho.
  5        (2)  "Manufactured  home"  means  a  structure  as  defined   in   section
  6    39-4105(13), Idaho Code.
  7        (3)  "Manufactured  home  broker" means any person engaged in the business
  8    of selling or exchanging used  units  only,  or  who  buys,  sells,  lists  or
  9    exchanges three (3) or more used units in any one (1) calendar year, except as
 10    otherwise provided in this chapter.
 11        (4)  "Manufactured  home  dealer" means any person engaged in the business
 12    of selling or exchanging new and used units, or  who  buys,  sells,  lists  or
 13    exchanges  three  (3) or more new and used units in any one (1) calendar year,
 14    except as otherwise provided in this chapter.
 15        (5)  "Manufactured home salesman" means any person employed by a  manufac-
 16    tured  home  dealer  or broker for a salary, commission or compensation of any
 17    kind to sell, list, purchase or exchange or to negotiate for the  sale,  list-
 18    ing, purchase or exchange of units, except as otherwise provided in this chap-
 19    ter.
 20        (6)  "Manufactured  home  service  company"  includes  "manufactured  home
 21    installer" and means any person other than a manufactured home dealer who pro-
 22    vides service, setup, or both, of manufactured or mobile homes.
 23        (7)  "Manufacturer"  means  any person engaged in the business of manufac-
 24    turing manufactured homes that are offered for sale, lease or exchange in  the
 25    state of Idaho.
 26        (8)  "Mobile  home"  means a structure similar to a manufactured home, but
 27    built to a state mobile home code which existed prior to the Federal  Manufac-
 28    tured Housing and Safety Standards Act (HUD Code).
 29        (9)  "Person"  means  a  natural  person, corporation, partnership, trust,
 30    society, club, association, or other organization.
 31        (10) "Principal place of business" means an enclosed structure  accessible
 32    and  open to the public, at which the business is lawfully conducted in accor-
 33    dance with the terms of all applicable building codes, zoning and  other  land
 34    use  regulatory  ordinances,  in  which  building  the  public may contact the
 35    dealer, broker or salesman, and at which place shall be  kept  and  maintained
 36    the books, records and files necessary to conduct the business. There shall be
 37    displayed  on  the exterior a sign permanently affixed to the land or building
 38    with letters clearly visible to the major avenue of traffic.
 39        (11) "Responsible managing employee" means the person  designated  by  the
 40    employer to supervise other employees, either personally or through others.
 41        (12) "Unit" means a mobile or manufactured home.
                                                                        
 42        SECTION  34.  That Section 56-701A, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        56-701A.  DEFINITIONS. As used in this chapter and chapter 58,  title  18,
 45    Idaho Code:
 46        (1) "Assistance device" means a cane or walking stick, predominantly white
 47    or  metallic  in  color,  with  or  without red tip, or  a manual or motorized
 48    wheelchair or similar scooter, or  other  similar  devices  that  enhance  the
 49    safety or mobility of a disabled person.
 50        (2)  "Assistance dog" means a dog that has been trained as a guide dog for
 51    a blind or visually impaired person, a hearing dog for a hearing impaired per-
 52    son, or a service dog for a physically disabled person.
                                                                        
                                           14
                                                                        
  1        (3)  "Disabled  person"  means  a hearing, visually or physically impaired
  2    person.
  3        (4)  "Dog-in-training" means a dog being specifically trained  to  develop
  4    social,  environmental  and  other  skills  needed for admission to a training
  5    school or other program for assistance dogs.  Dogs-in-training  shall  wear  a
  6    jacket,  collar,  scarf  or  other similar article identifying it as a dog-in-
  7    training.
  8        (5)  "Guide dog" means a dog that has been specially trained to aid a par-
  9    ticular blind or visually impaired person.
 10        (6)  "Hearing dog" means a dog that has been specially trained  to  aid  a
 11    particular hearing impaired person.
 12        (7)  "Hearing impaired person" means a person who has a hearing impairment
 13    manifested  by a speech discrimination score of forty percent (40%) or more in
 14    the better  ear  with  appropriate  correction  as  certified  by  a  licensed
 15    otologist, licensed audiologist, or the Idaho division of vocational rehabili-
 16    tation.
 17        (8)  "Physically  impaired  person"  means any person with any substantial
 18    physical disability which prevents normal participation in community  or  life
 19    activities  as  are  available  and  participated  in  by persons with no such
 20    afflictions or conditions of the same age and sex.
 21        (9)  "Service dog" means a dog that has been specially trained  to  aid  a
 22    particular  physically  disabled  person with a physical disability other than
 23    sight or hearing impairment.
 24        (10) "Visually impaired person" or "visually handicapped person" means any
 25    person who meets the definition provided in section 39-3202(3), Idaho Code  is
 26    blind,  totally blind, partially blind or otherwise visually handicapped mean-
 27    ing such person has central visual acuity not exceeding 20/200 in  the  better
 28    eye,  with corrected lenses, as measured by the Snellen test, or visual acuity
 29    greater than 20/200, but with a limitation in the field of  vision  such  that
 30    the  widest  diameter  of  the visual field subtends an angle not greater than
 31    twenty (20) degrees.
                                                                        
 32        SECTION 35.  That Section 63-2401, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        63-2401.  DEFINITIONS. In this chapter:
 35        (1)  "Aircraft engine fuel" means:
 36        (a)  Aviation  gasoline,  defined  as any mixture of volatile hydrocarbons
 37        used in aircraft reciprocating engines; and
 38        (b)  Jet fuel, defined as any mixture of  volatile  hydrocarbons  used  in
 39        aircraft turbojet and turboprop engines.
 40        (2)  "Bond" means:
 41        (a)  A  surety  bond, in an amount required by this chapter, duly executed
 42        by a surety company licensed and authorized to do business in  this  state
 43        conditioned upon faithful performance of all requirements of this chapter,
 44        including  the payment of all taxes, penalties and other obligations aris-
 45        ing out of the provisions of this chapter; or
 46        (b)  A deposit with the commission by any person required to  be  licensed
 47        pursuant  to this chapter under terms and conditions as the commission may
 48        prescribe, of a like amount of lawful money of the United States or  bonds
 49        or  other  obligations  of  the  United States, the state of Idaho, or any
 50        county of the state; or
 51        (c)  An irrevocable letter of credit issued to the commission  by  a  bank
 52        doing business in this state payable to the state upon failure of the per-
 53        son on whose behalf it is issued to remit any payment due under the provi-
                                                                        
                                           15
                                                                        
  1        sions of this chapter.
  2        (3)  "Commercial  motor boat" means any boat, equipped with a motor, which
  3    is wholly or partly used in a profit-making enterprise  or  in  an  enterprise
  4    conducted with the intent of making a profit.
  5        (4)  "Commission" means the state tax commission of the state of Idaho.
  6        (5)  "Distributor"  means any person who receives gasoline, special fuels,
  7    and/or aircraft fuel in this state, and includes a special fuels  dealer.  Any
  8    person  who sells or receives gaseous fuels will not be considered a distribu-
  9    tor unless the gaseous fuel is delivered into the fuel supply tank or tanks of
 10    a motor vehicle not then owned or controlled by him.
 11        (6)  "Dyed fuel" means diesel fuel that is dyed pursuant  to  requirements
 12    of the internal revenue service, or the environmental protection agency.
 13        (7)  "Exported"  means delivered by truck or rail across the boundaries of
 14    this state by or for the seller or purchaser from a place of  origin  in  this
 15    state.
 16        (8)  "Gasohol"  means  gasoline  containing  a mixture of no more than ten
 17    percent (10%) blend anhydrous ethanol.
 18        (9)  "Gasoline" means any mixture of volatile hydrocarbons suitable  as  a
 19    fuel  for  the  propulsion  of  motor vehicles or motor boats. "Gasoline" also
 20    means aircraft engine fuels when used for the operation or propulsion of motor
 21    vehicles or motor boats and includes gasohol, but  does  not  include  special
 22    fuels.
 23        (10) "Highways"  means  every  place of whatever nature open to the use of
 24    the public as a matter of right for the purpose of vehicular travel  which  is
 25    maintained  by  the  state of Idaho or an agency or taxing subdivision or unit
 26    thereof or the federal government or an  agency  or  instrumentality  thereof.
 27    Provided,  however, if the cost of maintaining a roadway is primarily borne by
 28    a special fuels user who operates motor vehicles on that roadway pursuant to a
 29    written contract during any period of time that a special fuels tax  liability
 30    accrues    to the user, such a roadway shall not be considered a "highway" for
 31    any purpose related to calculating that user's special fuel's tax liability or
 32    refund.
 33        (11) "Imported" means delivered by truck or rail across the boundaries  of
 34    this  state  by  or for the seller or purchaser from a place of origin outside
 35    this state.
 36        (12) "International fuel tax agreement" and "IFTA" mean the  international
 37    fuel  tax  agreement  required  by the intermodal surface transportation effi-
 38    ciency act of 1991, Public Law 102-240, 105 Stat. 1914,  including  subsequent
 39    amendments to that agreement.
 40        (13) "Jurisdiction"  means  a  state of the United States, the District of
 41    Columbia, or a province or territory of Canada.
 42        (14) "Licensed distributor" means  any  distributor  who  has  obtained  a
 43    license under the provisions of section 63-2427A, Idaho Code.
 44        (15) "Motor  fuel" means gasoline, special fuels, aircraft engine fuels or
 45    any other fuels suitable for the operation or propulsion  of  motor  vehicles,
 46    motor boats or aircraft.
 47        (16) "Motor vehicle" means every self-propelled vehicle designed for oper-
 48    ation, or required to be licensed for operation, upon a highway.
 49        (17) "Person"  means any individual, firm, fiduciary, copartnership, asso-
 50    ciation, corporation, governmental instrumentality including the state and all
 51    of its agencies and political subdivisions, or any other group or  combination
 52    acting  as  a  unit, and the plural as well as the singular number, unless the
 53    intent to give a more limited meaning is disclosed by  the  context.  Whenever
 54    used  in  any clause prescribing and imposing a fine or imprisonment, or both,
 55    the term "person" as applied to an association means the partners or  members,
                                                                        
                                           16
                                                                        
  1    and as applied to corporations, the officers.
  2        (18) "Recreational  vehicle"  means  a  snowmobile  as  defined in section
  3    67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in  section
  4    49-114, Idaho Code; and any vehicular type unit either as an integral part of,
  5    or required for the movement of, units recreational vehicle as defined in sec-
  6    tion 39-4105(15) 49-119, Idaho Code.
  7        (19) "Retail  dealer" means any person engaged in the retail sale of motor
  8    fuels to the public or for use in the state.
  9        (20) "Special fuels" means:
 10        (a)  All fuel suitable as fuel for diesel engines;
 11        (b)  A compressed or liquified gas obtained as a  byproduct  in  petroleum
 12        refining  or natural gasoline manufacture, such as butane, isobutane, pro-
 13        pane, propylene, butylenes, and their mixtures; and
 14        (c)  Natural gas, either liquid or gas, and hydrogen, used for the genera-
 15        tion of power for the operation or propulsion of motor vehicles.
 16        (21) "Special fuels dealer" means "distributor" under  subsection  (5)  of
 17    this section.
 18        (22) "Special  fuels  user"  means any person who uses or consumes special
 19    fuels for the operation or propulsion of motor vehicles owned or controlled by
 20    him upon the highways of this state.
 21        (23) "Use" means either:
 22        (a)  The receipt, delivery or placing of fuels by a  licensed  distributor
 23        or  a special fuels dealer into the fuel supply tank or tanks of any motor
 24        vehicle not owned or controlled by him while the vehicle  is  within  this
 25        state; or
 26        (b)  The  consumption  of  fuels in the operation or propulsion of a motor
 27        vehicle on the highways of this state.
                                                                        
 28        SECTION 36.  That Section 67-6509A, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        67-6509A.  SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE
 31    AMENDED. (1) By resolution or ordinance adopted, amended or repealed in accor-
 32    dance with the notice and hearing procedures provided under  section  67-6509,
 33    Idaho  Code,  each governing board shall amend its comprehensive plan and land
 34    use regulations for all land zoned for single-family residential uses,  except
 35    for  lands falling within an area defined as a historic district under section
 36    67-4607, Idaho Code, to allow for siting of manufactured homes as  defined  in
 37    section 39-4105(13), Idaho Code.
 38        (2)  Manufactured  homes  on individual lots zoned for single-family resi-
 39    dential uses as provided in subsection (1) of this section shall be  in  addi-
 40    tion to manufactured homes on lots within designated mobile home parks or man-
 41    ufactured home subdivisions.
 42        (3)  This section shall not be construed as abrogating a recorded restric-
 43    tive covenant.
 44        (4)  A  governing  board  may  adopt any or all of the following placement
 45    standards, or any less restrictive standards, for the approval of manufactured
 46    homes located outside mobile home parks:
 47        (a)  The manufactured home shall be multisectional and enclose a space  of
 48        not less than one thousand (1,000) square feet;
 49        (b)  The  manufactured home shall be placed on an excavated and backfilled
 50        foundation and enclosed at the perimeter such that the home is located not
 51        more than twelve (12) inches above grade;
 52        (c)  The manufactured home shall have a pitched roof, except that no stan-
 53        dards shall require a slope of greater than a nominal three  (3)  feet  in
                                                                        
                                           17
                                                                        
  1        height for each twelve (12) feet in width;
  2        (d)  The manufactured home shall have exterior siding and roofing which in
  3        color,  material  and  appearance  is  similar  to the exterior siding and
  4        roofing material commonly used on residential dwellings within the  commu-
  5        nity or which is comparable to the predominant materials used on surround-
  6        ing dwellings as determined by the local permit approval authority;
  7        (e)  The  manufactured  home shall have a garage or carport constructed of
  8        like materials if zoning ordinances  would  require  a  newly  constructed
  9        nonmanufactured home to have a garage or carport;
 10        (f)  In  addition  to the provisions of paragraphs (a) through (e) of this
 11        subsection, a city or county may subject a manufactured home and  the  lot
 12        upon which it is sited to any development standard, architectural require-
 13        ment  and  minimum size requirements to which a conventional single-family
 14        residential dwelling on the same lot would be subjected.
 15        (5)  Any approval standards, special conditions  and  the  procedures  for
 16    approval  adopted by a local government shall be clear and objective and shall
 17    not have the effect, either in themselves  or  cumulatively,  of  discouraging
 18    needed housing through unreasonable cost or delay.

Statement of Purpose / Fiscal Impact


REPRINT             REPRINT              REPRINT        REPRINT

                       STATEMENT OF PURPOSE
                            RS 11753

The 2000 Idaho Legislature, in House Bill 611, directed that
revisions be made to Title 39, Chapter 41 of the Idaho Building
Code Act in order to adopt the 2000 International Building Code
and to incorporate the accessibility guidelines of the Americans
with Disabilities Act and the Fair Housing Act.

This proposed legislation, which entails a complete review and
revision of the Idaho Building Code Act, focuses on meeting ADA
requirements and clarifying the roles of the Division of Building
Safety and local governments relative to the adoption and
implementation of the 2000 International Building Code.

Although the proposed legislation does not require a statewide
building code, it will require uniformity among local
jurisdictions that choose to adopt and enforce building codes.



                          FISCAL IMPACT

There is no impact to the State General Fund.  There will be
nominal costs to the Idaho Division of Building Safety for
training and certification of building inspectors.  Local
jurisdictions will incur costs to purchase new building code
manuals and train and certify building inspectors






Contacts

Rep. Lee Gagner 332 1000
Idaho Building Code Advisory Board, Jack Rayne, 332 7151
Association of Idaho Cities, Ken Harward 344 8594 
Idaho Association of Building Officials, Jim Storey, 340 1258
Snake River Chapter of ICBO, George Klomp, 529 1275
Building Contractors Assn of SW Idaho, John Eaton, 377 3550
Idaho Building Contractors Association, Ron Williams, 344 6633
State Living Independent Living Council, Kelly Buckland, 334 3800



STATEMENT OF PURPOSE/FISCAL NOTE              Bill No. 586