2002 Legislation
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HOUSE BILL NO. 647 – Building code, exmptn, farm bldg

HOUSE BILL NO. 647

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Daily Data Tracking History



H0647...............................................by AGRICULTURAL AFFAIRS
BUILDING CODE - EXEMPTIONS - Amends existing law to clarify that the
exemption to the Uniform Building Code Advisory Act for farms also applies
to farm buildings; to define "farm building"; to provide for permits to
comply with road setbacks and utility easements; and to provide for the
cost of permits.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Agric Aff
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/25    Ret'd to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 647
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BUILDING CODES; AMENDING SECTION 39-4103, IDAHO CODE,  TO  CLARIFY
  3        THAT  THE  EXEMPTION  TO  THE UNIFORM BUILDING CODE ADVISORY ACT FOR FARMS
  4        ALSO APPLIES TO FARM BUILDINGS, TO DEFINE FARM BUILDING,  TO  PROVIDE  FOR
  5        PERMITS TO COMPLY WITH ROAD SETBACKS AND UTILITY EASEMENTS, TO PROVIDE FOR
  6        THE  COST OF PERMITS AND TO PROVIDE CORRECT CODE REFERENCES; AND DECLARING
  7        AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  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.
 14        (2)  Structures  used  primarily  for industrial chemical process purposes
 15    and for mineral extraction and mineral processing  purposes  shall  be  exempt
 16    from  this  chapter except for erection and fabrication of new structures, and
 17    equipment as required to condition the  building  for  personnel  comfort  and
 18    safety. Equipment in this regard shall mean and shall be limited to facilities
 19    or  installations  for  heating,  ventilating, air conditioning, refrigerating
 20    facilities associated with air conditioning, elevators,  dumbwaiters,  escala-
 21    tors,  and  boilers and pressure vessels associated with building heating sys-
 22    tems.
 23        (3)  Temporary facilities, as defined in section 39-4105(164), Idaho Code,
 24    shall be exempt from the provisions of  this  chapter,  except  for  temporary
 25    facilities  which are classified as a modular building under the provisions of
 26    section 39-4121, Idaho Code, and/or a commercial coach under the provisions of
 27    section 39-4122, Idaho Code.
 28        (4)  Farms, as defined in  section  39-4105(197),  Idaho  Code,  shall  be
 29    exempt  from  the provisions of this chapter except for any structure which is
 30    classified as a modular building under  the  provisions  of  section  39-4121,
 31    Idaho Code, and/or a commercial coach under the provisions of section 39-4122,
 32    Idaho  Code,  or a manufactured home under the provisions of chapter 40, title
 33    39, Idaho Code. A farm building  shall  not  be  subject  to  building  permit
 34    requirements.  This  exemption applies to a farm building which is a structure
 35    designed and constructed to house farm implements, hay, grain, poultry,  live-
 36    stock  or  other  horticultural products and includes sheds, barns, corrals or
 37    fences. This exemption does not mean a place of human habitation or a place of
 38    employment where agricultural products are processed, treated or packaged,  or
 39    a place used by the public. A county is authorized to issue siting permits for
 40    farm  buildings to assure compliance with road setbacks and utility easements.
 41    The cost for these permits shall not exceed the actual cost to the  county  to
 42    issue the permits.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS12708

The purpose of this bill is to clarify that county building permits 
are specifically exempted from farm buildings under Idaho law and 
reiterated by Attorney General opinion 76-59. Some counties
are now starting to implement building permits. This bill will 
clarify that siting permits can be issued if costs are restricted 
to actual costs generated by the counties to issue such permits, but
that building permits are not a requirement for structures designed 
and constructed to house farm implements, hay, grain, poultry, 
livestock or other horticultural products and includes sheds,
barns, corrals, fences, outbuildings and granaries.


                           FISCAL IMPACT



None, for the exemption on agriculture building permits already 
exists and this bill only clarifies the already existing exemption.




Contact
Name:    Greg Nelson, Farm Bureau
Phone:   342-2688
Representative Stevenson
322-1137


STATEMENT OF PURPOSE/FISCAL NOTE                H 647