2002 Legislation
Print Friendly

HOUSE BILL NO. 590 – Schools/employment places/inspectn

HOUSE BILL NO. 590

View Daily Data Tracking History

View Bill Text

View Amendment

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

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0590aa.........................................................by BUSINESS
SCHOOLS - PLACES OF EMPLOYMENT - INSPECTIONS - Amends and repeals existing
law to revise provisions relating to inspections of public school
facilities and places of employment.
                                                                        
02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Bus
02/28    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/01    Rpt engros - 1st rdg - to 2nd rdg as amen
03/04    2nd rdg - to 3rd rdg as amen
03/05    3rd rdg as amen - PASSED - 66-0-4
      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(Duncan), Kendell, Kunz, Lake,
      Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
      Mortensen, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Roberts,
      Robison, Sali, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Raybould, Schaefer, Wood
    Floor Sponsor - Gagner
    Title apvd - to Senate
03/06    Senate intro - 1st rdg - to Com/HuRes
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 23-1-11
      AYES -- Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron,
      Darrington, Davis,  Geddes, Goedde, Hill, Ipsen, Keough, Little,
      Lodge, Marley, Noh,  Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Thorne
      NAYS -- Hawkins
      Absent and excused -- Andreason, Brandt, Deide, Dunklin, Frasure,
      Ingram, King-Barrutia, Richardson, Stennett, Wheeler, Williams
    Floor Sponsor - Goedde
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 126
         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. 590
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  WORKER  AND  BUILDING  SAFETY;  REPEALING  SECTIONS  39-4130  AND
  3        39-4131,  IDAHO  CODE;  AMENDING  SECTION  39-8008, IDAHO CODE, TO CLARIFY
  4        AUTHORITY, TO PROVIDE FOR ANNUAL INSPECTIONS OF PUBLIC SCHOOL  FACILITIES,
  5        TO  PROVIDE  THAT  INSPECTIONS  SHALL  TAKE INTO ACCOUNT THE AGE OF SCHOOL
  6        FACILITIES AND THE CODES IN EFFECT AT THE TIME  OF  THE  CONSTRUCTION,  TO
  7        PROVIDE THAT PROVISIONS RELATING TO IMMINENT SAFETY HAZARDS SHALL APPLY TO
  8        ALL  PUBLIC  SCHOOL  FACILITIES  REGARDLESS  OF  AGE  AND  TO PROVIDE THAT
  9        NOTIFICATIONS SHALL STATE IN BOLD PRINT THAT CITATIONS FOR  VIOLATIONS  OR
 10        NONCONFORMANCES  CONSTITUTE RECOMMENDATIONS ONLY; AMENDING SECTION 72-517,
 11        IDAHO CODE, TO PROVIDE THAT THE COMMISSION MAY REVIEW AND PREAPPROVE  CER-
 12        TAIN  EXPENSES  INCURRED PURSUANT TO COOPERATIVE AGREEMENTS IF THE COMMIS-
 13        SION IS THE FUNDING SOURCE; AMENDING SECTION 72-720, IDAHO CODE, TO  LIMIT
 14        INSPECTIONS  BASED UPON WRITTEN REQUESTS OR WRITTEN DOCUMENTED INFORMATION
 15        RELATING TO EMPLOYERS SUBJECT TO THE COMMISSION'S JURISDICTION  IN  WORKER
 16        SAFETY  MATTERS,  TO REVISE LANGUAGE AUTHORIZING THE COMMISSION TO INSPECT
 17        CERTAIN PLACES OF EMPLOYMENT, TO SET FORTH EXCEPTIONS AND TO PROVIDE  COR-
 18        RECT  TERMINOLOGY;  AND  AMENDING SECTION 72-722, IDAHO CODE, TO PROVIDE A
 19        CODE REFERENCE, TO CLARIFY THE AUTHORITY OF  THE  COMMISSION,  TO  PROVIDE
 20        CORRECT TERMINOLOGY, TO MAKE GRAMMATICAL CHANGES, TO PROVIDE THAT THE COM-
 21        MISSION  MAY NOTIFY AN EMPLOYER'S PRIMARY WORKER'S COMPENSATION INSURER OF
 22        CERTAIN HAZARDS THAT ARE NOT CORRECTED WITHIN A SPECIFIED PERIOD OF  TIME,
 23        TO PROVIDE THAT SUCH NOTIFICATION IS INTENDED ONLY TO ASSIST IN CORRECTING
 24        THE  HAZARDS  AND  SHALL  NOT BE GROUNDS FOR DECLINING COVERAGE OR RAISING
 25        PREMIUM RATES AND TO DEFINE "IMMINENT SAFETY HAZARD."
                                                                        
 26    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 27        SECTION 1.  That Sections 39-4130 and 39-4131, Idaho  Code,  be,  and  the
 28    same are hereby repealed.
                                                                        
 29        SECTION  2.  That  Section 39-8008, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        39-8008.  ADDITIONAL DUTIES OF ADMINISTRATOR --  RIGHT  OF  INSPECTION  --
 32    POSTING.  (1)  The  administrator  shall  have authority under this section to
 33    enter all public school facilities covered by this chapter at reasonable times
 34    and to inspect, on an annual basis, such facilities for  compliance  with  the
 35    Idaho  uniform school building safety code; provided however, that inspections
 36    shall take into account the age of the school facilities and  the  appropriate
 37    codes  that  would have been in effect at the time of the construction of such
 38    facilities; provided further, that regardless of the codes in  effect  at  the
 39    time  of  construction, imminent safety hazards found in public school facili-
 40    ties shall be identified and the provisions of this chapter relating  to  such
 41    imminent safety hazards shall apply.
 42        (2)  If  the  administrator  finds a violation of the Idaho uniform school
                                                                        
                                           2
                                                                        
  1    building safety code that he concludes does not constitute an imminent  safety
  2    hazard, he shall notify in writing the school district superintendent, princi-
  3    pal,  board  member, or other person in charge. Such notification shall state,
  4    in bold print, that the citations for violations or nonconformances constitute
  5    recommendations only.
  6        (3)  If the administrator finds a violation of the  Idaho  uniform  school
  7    building  safety code that he concludes constitutes an imminent safety hazard,
  8    he shall immediately notify the department of administration and request  that
  9    the  department  of administration designate a licensed professional  to inde-
 10    pendently evaluate the condition prior to issuing any report under this  chap-
 11    ter. The department of administration shall, within two (2) working days, des-
 12    ignate a licensed professional to independently evaluate the condition identi-
 13    fied.  That  licensed  professional shall, within fourteen (14) days, complete
 14    its independent evaluation of the condition identified  by  the  administrator
 15    and  notify  the  director  of the department of administration of its conclu-
 16    sions. If the administrator determines  that  the  condition  constituting  an
 17    imminent  safety hazard could reasonably be expected to cause death or serious
 18    physical harm before the evaluation of the department of administration can be
 19    completed and before the condition can be eliminated, he shall  determine  the
 20    extent  of  the  area  where such condition exists and thereupon shall issue a
 21    written order or notice requiring the school district superintendent,  princi-
 22    pal, board member or other person in charge to cause all persons, except those
 23    necessary  to  eliminate  the  condition,  to  be  withdrawn  from,  and to be
 24    restrained from entering, such area pending the evaluation of  the  department
 25    of  administration.  This  order  shall  be withdrawn if the evaluation of the
 26    department of administration does not concur with the administrator  that  the
 27    condition  constitutes  an  imminent  safety  hazard  as  could  reasonably be
 28    expected to cause death or serious physical harm before the condition  can  be
 29    eliminated.
 30        (4)  If  the department of administration agrees with the determination of
 31    the administrator that a condition identified constitutes an  imminent  safety
 32    hazard, the department of administration shall, within three (3) working days,
 33    so notify the administrator in writing.
 34        (5)  Upon receipt of such notification in writing, the administrator shall
 35    immediately  serve,  or  cause  to be served, written notice or order upon the
 36    school district superintendent, principal, board member  or  other  person  in
 37    charge  describing  the  imminent  safety hazard. The administrator shall also
 38    notify in writing the state superintendent of public instruction of such immi-
 39    nent safety hazard. Upon receipt of such written notice or order,  the  school
 40    district  superintendent,  principal,  board member, or other person in charge
 41    shall require all changes necessary to eliminate the imminent safety hazard be
 42    made, without delay and within the time specified by the administrator in  the
 43    notice  or order. If the condition presenting an imminent safety hazard is not
 44    corrected within the specified time, or if the administrator  determines  that
 45    the  condition  constituting  such  imminent safety hazard could reasonably be
 46    expected to cause death or serious physical harm before the condition  can  be
 47    eliminated,  if he has not previously done so he shall determine the extent of
 48    the area where such condition exists and thereupon shall  issue  an  order  or
 49    notice  requiring the school district superintendent, principal, board member,
 50    or other person in charge to cause all  persons,  except  those  necessary  to
 51    eliminate  the  condition,  to  be  withdrawn  from, and to be restrained from
 52    entering, such area. The school district superintendent, principal, board mem-
 53    ber, or other person in charge shall assist the administrator as necessary  to
 54    post such areas to prevent injury.
 55        (6)  The  administrator  shall follow up on the school district's progress
                                                                        
                                           3
                                                                        
  1    in addressing any identified imminent safety hazard to ensure that appropriate
  2    corrective action was taken. The administrator may extend the  time  for  com-
  3    pleting corrective action if he deems necessary.
  4        (7)  Upon completion of corrective action and verification of such comple-
  5    tion  by the division of building safety and the department of administration,
  6    the administrator  shall provide a report to the state superintendent of  pub-
  7    lic  instruction,  the  local  superintendent  of schools and the chair of the
  8    local school board.
                                                                        
  9        SECTION 3.  That Section 72-517, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        72-517.  COOPERATION  WITH  OTHER  AGENCIES. The commission shall have the
 12    authority to enter into  cooperative  agreements  with  the  director  of  the
 13    department of labor, the administrator of the division of building safety, the
 14    director  of  the  department of health and welfare, state board of education,
 15    state board for professional-technical education, state nuclear energy commis-
 16    sion, and with other state agencies and with their successors, and  with  fed-
 17    eral  and  private  agencies,  and to cooperate with programs sponsored by all
 18    such agencies to facilitate the carrying out of  the  purposes  of  this  law.
 19    Under  any  cooperative  agreement entered into with a state or private agency
 20    pursuant to this section, the commission shall have the  authority  to  review
 21    and preapprove any projected, new or ongoing expenses incurred or to be incur-
 22    red  pursuant  to  the agreement if the commission is the funding source under
 23    the terms of the agreement.
                                                                        
 24        SECTION 4.  That Section 72-720, Idaho Code, be, and the  same  is  hereby
 25    amended to read as follows:
                                                                        
 26        72-720.  POWERS  OF  COMMISSION -- SAFETY. (1) The commission is empowered
 27    Except as provided in subsection (2) of this section, whenever it  receives  a
 28    written  request  for an inspection or has written documented information that
 29    any employer subject to the provisions of this act  commission's  jurisdiction
 30    in  worker  safety matters is employing workmen workers in or about any struc-
 31    ture, room or place of employment which is not constructed and  maintained  in
 32    conformity  with reasonable standards of construction as shall render it safe,
 33    or is employing workmen workers on, or with,  tools,  equipment  or  machinery
 34    which  are not equipped with safety devices, safeguards or other means of pro-
 35    tection well adapted to render employees and places of  employment  safe,  the
 36    commission  is authorized to inspect such places of employment, to compel such
 37    employer to cease employing workmen workers in such places, or  on,  or  with,
 38    such  tools, appliances or machinery, if they are deemed unsafe, and, pursuant
 39    to the provisions of chapter 52, title 67, Idaho  Code,  to  adopt  reasonable
 40    minimum  safety standards, and to make inspection in and about any place where
 41    workmen are employed.
 42        (2)  The provisions of this section shall not apply to the logging  safety
 43    program  or  to  the authority of the commission to inspect elevators, boilers
 44    and pressure vessels.
                                                                        
 45        SECTION 5.  That Section 72-722, Idaho Code, be, and the  same  is  hereby
 46    amended to read as follows:
                                                                        
 47        72-722.  UNSAFE CONDITIONS -- PROCEDURE -- WARNING ORDER -- SAFETY INSPEC-
 48    TION  -- HEARING -- DECISION. (1) The commission is empowered, whenever it has
 49    information pursuant to section 72-720, Idaho Code, that employees within  the
                                                                        
                                           4
                                                                        
  1    commission's  worker  safety  jurisdiction are employed in or about places, or
  2    on, or with, tools, equipment  or  machinery  which  are  not  constructed  or
  3    equipped  to  properly  protect  life,  health and safety of the employees, or
  4    which do not conform to minimum safety standards adopted by the commission, to
  5    immediately  notify, by United States mail, the owner or lessee of  the  prem-
  6    ises  or  the  proprietor or operator of the business there carried on, of the
  7    fact that it has such information and to require such owner,  lessee,  propri-
  8    etor  or  operator to immediately render such places of employment safe, or to
  9    equip with proper safety devices, safeguards or other means or methods of pro-
 10    tection, such tools, equipment or machines so as to render his  employees  and
 11    the  place  of  employment  safe,  or to cease employing workmen workers in or
 12    about such places or on or about such tools, equipment or machinery.
 13        (2)  Upon receiving such notice from the commission, such  owner,  lessee,
 14    proprietor  or  operator shall immediately conform to the order of the commis-
 15    sion or shall notify the commission that he claims  he  is  not  operating  in
 16    violation of such order.
 17        (3)  Upon  receiving  such information from such owner, lessee, proprietor
 18    or operator, the commission shall, unless such  information  was  obtained  by
 19    inspection  by the commission, inspect or cause to be inspected, said place of
 20    employment or tools, equipment or machinery, and if upon such  inspection  the
 21    commission  is  of  the  opinion that the place of employment is not unsafe or
 22    that the tools, equipment or machinery have proper safety devices,  safeguards
 23    or  other  means or methods of protection which are well adapted to render the
 24    employees and places of employment safe, it shall so notify the owner.
 25        (4)  If after such an inspection the commission is of the opinion that the
 26    place of employment is not constructed or maintained to render  it  reasonably
 27    safe  or  that  the  tools, equipment or machines are not equipped with proper
 28    safety devices, safeguards or other means or methods of protection  which  are
 29    well  adapted  to  render  the employees and places of employment safe, it the
 30    commission:
 31        (a)  Sshall designate a time and place for hearing and may assign the mat-
 32        ter for hearing by a member of the commission, or a hearing officer,  ref-
 33        eree or examiner; and
 34        (b)  May,  if safety hazards found during the inspection are determined by
 35        the commission to constitute imminent safety hazards and are not corrected
 36        within ten (10) days of such inspection,  notify  the  employer's  primary
 37        worker's compensation insurer of such hazards; provided however, that such
 38        notification  is  intended  only  to  assist in correcting the hazards and
 39        shall not be grounds for declining coverage or raising premium  rates  for
 40        the  employer.  For  purposes of this subsection, "imminent safety hazard"
 41        means a condition that presents an unreasonable risk of death  or  serious
 42        bodily injury to workers.
 43        (5)  The  commission  or  the  officer  to whom the matter is assigned for
 44    hearing shall make such inquiry and investigation as shall  be  deemed  neces-
 45    sary. The hearing may be held in the city or town within the county where such
 46    places  of employment are situated or such other place as the commission deems
 47    most convenient for the parties and most appropriate  for  ascertaining  their
 48    rights.
 49        (6)  Thereafter,  the  applicable  procedure shall be as set forth in sec-
 50    tions 72-714 to 72-718, inclusive.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Gagner              
                                                                        
                                                     Seconded by Black               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 590
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 3 of the printed bill, following line 8, insert:
  3        "(8)  Annual inspections of public  school  facilities  conducted  by  the
  4    administrator under the provisions of this section shall be funded pursuant to
  5    legislative appropriation.".
                                                                        
  6                               AMENDMENTS TO SECTION 4
  7        On page 3, delete lines 42 through 44 and insert:
  8        "(2)  The  provisions of this section requiring a written request or writ-
  9    ten documentation prior to an inspection shall not apply to:
 10        (a)  Inspections conducted pursuant to rules promulgated by the commission
 11        relating to the logging safety program or elevators, boilers and  pressure
 12        vessels; or
 13        (b)  Inspections  of buildings owned or maintained by a political subdivi-
 14        sion of the state if such political subdivision has not, pursuant to chap-
 15        ter 41, title 39, Idaho Code, adopted applicable building codes and insti-
 16        tuted and implemented a code enforcement program; provided  however,  that
 17        inspections  by  the commission of such buildings shall be conducted on an
 18        annual basis only. For purposes of this  subsection,  "political  subdivi-
 19        sion"  means  any  governmental  unit  or special district of the state of
 20        Idaho.".
                                                                        
 21                                AMENDMENTS TO THE BILL
 22        On page 3, delete lines 9 through 23; in line 24, delete "SECTION  4"  and
 23    insert: "SECTION 3"; delete lines 45 through 49; and on page 4, delete lines 1
 24    through 50.
                                                                        
 25                                 CORRECTIONS TO TITLE
 26        On  page 1, in line 8, delete "AND" and insert: ","; in line 10, following
 27    "ONLY" insert: "AND TO PROVIDE THAT ANNUAL INSPECTIONS OF PUBLIC SCHOOL FACIL-
 28    ITIES SHALL BE FUNDED PURSUANT TO LEGISLATIVE APPROPRIATION"; also in line 10,
 29    delete "AMENDING SECTION 72-517,"; delete lines 11 and 12; in line 13,  delete
 30    "SION  IS  THE  FUNDING SOURCE;" and insert: "AND"; delete lines 18 through 25
 31    and insert: "RECT TERMINOLOGY.".

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. 590, As Amended
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  WORKER  AND  BUILDING  SAFETY;  REPEALING  SECTIONS  39-4130  AND
  3        39-4131,  IDAHO  CODE;  AMENDING  SECTION  39-8008, IDAHO CODE, TO CLARIFY
  4        AUTHORITY, TO PROVIDE FOR ANNUAL INSPECTIONS OF PUBLIC SCHOOL  FACILITIES,
  5        TO  PROVIDE  THAT  INSPECTIONS  SHALL  TAKE INTO ACCOUNT THE AGE OF SCHOOL
  6        FACILITIES AND THE CODES IN EFFECT AT THE TIME  OF  THE  CONSTRUCTION,  TO
  7        PROVIDE THAT PROVISIONS RELATING TO IMMINENT SAFETY HAZARDS SHALL APPLY TO
  8        ALL   PUBLIC   SCHOOL  FACILITIES  REGARDLESS  OF  AGE,  TO  PROVIDE  THAT
  9        NOTIFICATIONS SHALL STATE IN BOLD PRINT THAT CITATIONS FOR  VIOLATIONS  OR
 10        NONCONFORMANCES CONSTITUTE RECOMMENDATIONS ONLY AND TO PROVIDE THAT ANNUAL
 11        INSPECTIONS OF PUBLIC SCHOOL FACILITIES SHALL BE FUNDED PURSUANT TO LEGIS-
 12        LATIVE  APPROPRIATION;  AND  AMENDING SECTION 72-720, IDAHO CODE, TO LIMIT
 13        INSPECTIONS BASED UPON WRITTEN REQUESTS OR WRITTEN DOCUMENTED  INFORMATION
 14        RELATING  TO  EMPLOYERS SUBJECT TO THE COMMISSION'S JURISDICTION IN WORKER
 15        SAFETY MATTERS, TO REVISE LANGUAGE AUTHORIZING THE COMMISSION  TO  INSPECT
 16        CERTAIN  PLACES OF EMPLOYMENT, TO SET FORTH EXCEPTIONS AND TO PROVIDE COR-
 17        RECT TERMINOLOGY.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  That Sections 39-4130 and 39-4131, Idaho  Code,  be,  and  the
 20    same are hereby repealed.
                                                                        
 21        SECTION  2.  That  Section 39-8008, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        39-8008.  ADDITIONAL DUTIES OF ADMINISTRATOR --  RIGHT  OF  INSPECTION  --
 24    POSTING.  (1)  The  administrator  shall  have authority under this section to
 25    enter all public school facilities covered by this chapter at reasonable times
 26    and to inspect, on an annual basis, such facilities for  compliance  with  the
 27    Idaho  uniform school building safety code; provided however, that inspections
 28    shall take into account the age of the school facilities and  the  appropriate
 29    codes  that  would have been in effect at the time of the construction of such
 30    facilities; provided further, that regardless of the codes in  effect  at  the
 31    time  of  construction, imminent safety hazards found in public school facili-
 32    ties shall be identified and the provisions of this chapter relating  to  such
 33    imminent safety hazards shall apply.
 34        (2)  If  the  administrator  finds a violation of the Idaho uniform school
 35    building safety code that he concludes does not constitute an imminent  safety
 36    hazard, he shall notify in writing the school district superintendent, princi-
 37    pal,  board  member, or other person in charge. Such notification shall state,
 38    in bold print, that the citations for violations or nonconformances constitute
 39    recommendations only.
 40        (3)  If the administrator finds a violation of the  Idaho  uniform  school
 41    building  safety code that he concludes constitutes an imminent safety hazard,
 42    he shall immediately notify the department of administration and request  that
                                                                        
                                           2
                                                                        
  1    the  department  of administration designate a licensed professional  to inde-
  2    pendently evaluate the condition prior to issuing any report under this  chap-
  3    ter. The department of administration shall, within two (2) working days, des-
  4    ignate a licensed professional to independently evaluate the condition identi-
  5    fied.  That  licensed  professional shall, within fourteen (14) days, complete
  6    its independent evaluation of the condition identified  by  the  administrator
  7    and  notify  the  director  of the department of administration of its conclu-
  8    sions. If the administrator determines  that  the  condition  constituting  an
  9    imminent  safety hazard could reasonably be expected to cause death or serious
 10    physical harm before the evaluation of the department of administration can be
 11    completed and before the condition can be eliminated, he shall  determine  the
 12    extent  of  the  area  where such condition exists and thereupon shall issue a
 13    written order or notice requiring the school district superintendent,  princi-
 14    pal, board member or other person in charge to cause all persons, except those
 15    necessary  to  eliminate  the  condition,  to  be  withdrawn  from,  and to be
 16    restrained from entering, such area pending the evaluation of  the  department
 17    of  administration.  This  order  shall  be withdrawn if the evaluation of the
 18    department of administration does not concur with the administrator  that  the
 19    condition  constitutes  an  imminent  safety  hazard  as  could  reasonably be
 20    expected to cause death or serious physical harm before the condition  can  be
 21    eliminated.
 22        (4)  If  the department of administration agrees with the determination of
 23    the administrator that a condition identified constitutes an  imminent  safety
 24    hazard, the department of administration shall, within three (3) working days,
 25    so notify the administrator in writing.
 26        (5)  Upon receipt of such notification in writing, the administrator shall
 27    immediately  serve,  or  cause  to be served, written notice or order upon the
 28    school district superintendent, principal, board member  or  other  person  in
 29    charge  describing  the  imminent  safety hazard. The administrator shall also
 30    notify in writing the state superintendent of public instruction of such immi-
 31    nent safety hazard. Upon receipt of such written notice or order,  the  school
 32    district  superintendent,  principal,  board member, or other person in charge
 33    shall require all changes necessary to eliminate the imminent safety hazard be
 34    made, without delay and within the time specified by the administrator in  the
 35    notice  or order. If the condition presenting an imminent safety hazard is not
 36    corrected within the specified time, or if the administrator  determines  that
 37    the  condition  constituting  such  imminent safety hazard could reasonably be
 38    expected to cause death or serious physical harm before the condition  can  be
 39    eliminated,  if he has not previously done so he shall determine the extent of
 40    the area where such condition exists and thereupon shall  issue  an  order  or
 41    notice  requiring the school district superintendent, principal, board member,
 42    or other person in charge to cause all  persons,  except  those  necessary  to
 43    eliminate  the  condition,  to  be  withdrawn  from, and to be restrained from
 44    entering, such area. The school district superintendent, principal, board mem-
 45    ber, or other person in charge shall assist the administrator as necessary  to
 46    post such areas to prevent injury.
 47        (6)  The  administrator  shall follow up on the school district's progress
 48    in addressing any identified imminent safety hazard to ensure that appropriate
 49    corrective action was taken. The administrator may extend the  time  for  com-
 50    pleting corrective action if he deems necessary.
 51        (7)  Upon completion of corrective action and verification of such comple-
 52    tion  by the division of building safety and the department of administration,
 53    the administrator shall provide a report to the state superintendent of public
 54    instruction, the local superintendent of schools and the chair  of  the  local
 55    school board.
                                                                        
                                           3
                                                                        
  1        (8)  Annual  inspections  of  public  school  facilities  conducted by the
  2    administrator under the provisions of this section shall be funded pursuant to
  3    legislative appropriation.
                                                                        
  4        SECTION 3.  That Section 72-720, Idaho Code, be, and the  same  is  hereby
  5    amended to read as follows:
                                                                        
  6        72-720.  POWERS  OF  COMMISSION -- SAFETY. (1) The commission is empowered
  7    Except as provided in subsection (2) of this section, whenever it  receives  a
  8    written  request  for an inspection or has written documented information that
  9    any employer subject to the provisions of this act  commission's  jurisdiction
 10    in  worker  safety matters is employing workmen workers in or about any struc-
 11    ture, room or place of employment which is not constructed and  maintained  in
 12    conformity  with reasonable standards of construction as shall render it safe,
 13    or is employing workmen workers on, or with,  tools,  equipment  or  machinery
 14    which  are not equipped with safety devices, safeguards or other means of pro-
 15    tection well adapted to render employees and places of  employment  safe,  the
 16    commission  is authorized to inspect such places of employment, to compel such
 17    employer to cease employing workmen workers in such places, or  on,  or  with,
 18    such  tools, appliances or machinery, if they are deemed unsafe, and, pursuant
 19    to the provisions of chapter 52, title 67, Idaho  Code,  to  adopt  reasonable
 20    minimum  safety standards, and to make inspection in and about any place where
 21    workmen are employed.
 22        (2)  The provisions of this section requiring a written request or written
 23    documentation prior to an inspection shall not apply to:
 24        (a)  Inspections conducted pursuant to rules promulgated by the commission
 25        relating to the logging safety program or elevators, boilers and  pressure
 26        vessels; or
 27        (b)  Inspections  of buildings owned or maintained by a political subdivi-
 28        sion of the state if such political subdivision has not, pursuant to chap-
 29        ter 41, title 39, Idaho Code, adopted applicable building codes and insti-
 30        tuted and implemented a code enforcement program; provided  however,  that
 31        inspections  by  the commission of such buildings shall be conducted on an
 32        annual basis only. For purposes of this  subsection,  "political  subdivi-
 33        sion"  means  any  governmental  unit  or special district of the state of
 34        Idaho.

Statement of Purpose / Fiscal Impact


  REPRINT        REPRINT            REPRINT        REPRINT  

                    STATEMENT OF PURPOSE
                              
                         RS 12003A1
                              
This amendment will assure funding for school facilities
inspections and clarify inspections of municipal buildings.



                        FISCAL IMPACT

No fiscal impact.




Contact

Name: Rep. Gagner
Phone:
                              
                              
STATEMENT OF PURPOSE/FISCAL NOTE       Bill No. H 590