Print Friendly HOUSE BILL NO. 647 – Building code, exmptn, farm bldg
HOUSE BILL NO. 647
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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
|||| 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-
23 (3) Temporary facilities, as defined in section 39-4105(1 64), 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(1 97), 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.
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
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.
None, for the exemption on agriculture building permits already
exists and this bill only clarifies the already existing exemption.
Name: Greg Nelson, Farm Bureau
STATEMENT OF PURPOSE/FISCAL NOTE H 647