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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 CODEADVISORYACT 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 thenation andstate are matters ofnationwide andstatewide 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. 33The legislature also finds that the factory production of housing and34other buildings presents unique problems with respect to uniformity of codes35and 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 structuresand the general publicsubject 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)RequireEstablish, 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 codes3 1for the state of IdahoClarify 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. Thisactchapter shall be known as "The Idaho 6 Building CodeAdvisoryAct."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 shall10apply to all buildings and construction within the state of Idaho, except as11otherwise provided inThis 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) StructuresEquipment used primarily for industrial chemical process 19 purposes and for mineral extraction and mineral processing purposes.shall be20exempt from this chapter except forThis exemption shall not include the erec- 21 tion and fabrication of newstructures,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 25facilities associated with air conditioningequipment, 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,29shall be exempt from the provisions of this chapter, except for temporary30facilities which are classified as a modular building under the provisions of31section 39-4121, Idaho Code, and/or a commercial coach under the provisions of32section 39-4122, Idaho Code.33(4) Farms, as defined in section 39-4105(19), Idaho Code, shall be exempt34from the provisions of this chapter except for any structure which is classi-35fied as a modular building under the provisions of section 39-4121, Idaho36Code, and/or a commercial coach under the provisions of section 39-4122, Idaho37Code, or a manufactured home under the provisions of chapter 40, title 39,38Idaho 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 thisactchapter 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 codeadvisoryboard, herein created. 9 (3)"Person" means a natural person, corporation, partnership, trust,10society, 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 or14fixed, which comprises a structure affording facilities or shelter for any use15or occupancy, and shall include a part or parts thereof and all equipment16therein 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 not28limited to, heating, ventilating, air conditioning, and refrigerating facili-29ties or installations, and elevators, dumbwaiters, escalators, boilers and30pressure vessels and ski lifts, but not including telecommunications facili-31ties"Division" means the state of Idaho division of building safety. 32 (78)"Local inspection agency" means the agency or agencies of local gov-33ernment with authority to make inspections of buildings and to enforce the34codes, laws and rules of the state of Idaho which establish standards and35requirements applicable to the construction, alteration, repair, or demolition36of 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 standardscontained in the Uniform Building Code, as adopted or any amend-5ments theretoadopted 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,9either public or private, upon which a building is placed or is to be placed.10(11) "Closed construction" means any manufactured building or building11component which may enclose factory installed structural, mechanical, electri-12cal or plumbing systems and is not open for visual inspection at the building13site.14(12) "Commercial coach" means a modular building equipped with the neces-15sary service connections and made so as to be readily movable as a unit on its16own running gear and originally designated to be used without a permanent17foundation.18(13) "Manufactured home" (formerly mobile home) means a structure, con-19structed according to HUD/FHA mobile home construction and safety standards,20transportable in one or more sections, which, in the traveling mode, is eight21(8) body feet or more in width or is forty (40) body feet or more in length,22or when erected on site, is three hundred twenty (320) or more square feet,23and which is built on a permanent chassis and designed to be used as a dwell-24ing with or without a permanent foundation when connected to the required25utilities, and includes the plumbing, heating, air conditioning, and electri-26cal systems contained therein, except that such term shall include any struc-27ture which meets all the requirements of this paragraph except the size28requirements and with respect to which the manufacturer voluntarily files a29certification required by the secretary of housing and urban development and30complies with the standards established under 42 U.S.C. 5401 et seq.31(14) "Temporary facility" means a structure designed and constructed to32service actual construction projects and which is completely removed upon com-33pletion of the project. This structure shall not be a place of employment or34human habitation, and does not include those temporary structures used for the35protection of the public around and in conjunction with construction work.36(15) "Human habitation," when used in respect to temporary facilities,37means a space in a structure for living, sleeping, eating or cooking.38Bathrooms, toilet compartments, storage or utility space and similar areas are39not 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 CODEADVISORYBOARD CREATED -- MEMBERSHIP -- 51 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho 52 building codeadvisoryboard is established within thedepartmentdivision as 53 an appeals, code adoption andvariance, and advisoryrulemaking 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 foraterms 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 ofthreefour (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 of27the building code by the International Code Council, the board shall initiate28the process of developing legislation to provide for its adoption under sec-29tion 39-4109, Idaho Code. The board shall also determine that building code's30equivalency with the provisions of the Americans With Disabilities Act Acces-31sibility Guidelines and the Fair Housing Act Accessibility Guidelines. Upon32finding that the building code under review does not provide an equivalent33level of protection for those with disabilities, the board shall promulgate34rules to amend the code so as to minimize those deficiencies to the maximum35extent possible. The board shall complete the legislation development process,36code equivalency analysis and promulgation of rules as needed to amend the37code within twenty-four (24) months of its publication by the International38Code CouncilThe 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 appealsand shall provide for48reasonable interpretations and suitability of alternate materials and methods49of 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 1tions,be final, and the board shall render all decisions and findings in 2 writing tothe 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,9standards, rules and regulations relating to the construction of buildings to10ascertain their effect upon the public safety and support an ongoing effort to11promote the uniform adoption, application and interpretation of safety, acces-12sibility and building codes statewide.13(6) The board shall adopt the latest changes to the codes enumerated in14this act, and shall recommend to the director such amendments deemed necessary15for the safety of the public. Such amendments shall be promulgated only after16public hearings on the subject amendments.17(7) The board shall have the authority to promulgate rules in accordance18with chapter 52, title 67, Idaho Code, to implement the provisions of this19chapter.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 ofthis chapterthe division, in 36 the state of Idaho without first procuring a permit from theappropriate37agencydivision authorizing such work to be done. 38For the purposes of permit requirements for commercial coaches and modular39buildings, a single permit covering all aspects of construction shall be40issued 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 totalvaluationvalue 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. PLANCHECKINGREVIEWS -- MAXIMUM FEES AND SCHOOL INSPECTIONS. 7 (1)Notwithstanding the provisions of section 302(b), Uniform Building Code,81985, tThe administrator shall establish a program fortotalplanchecking9 review and permitissueissuance 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 beas requiredestablished 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 such23building plan meets the appropriate construction and safety standards in force24at that time before the model involved is produced.25 (4) Each school district shall submit to the division of building safety 26athree (3) sets of working drawings and specifications for new school build- 27 ings or facilities and additions or alterations to existing buildingswhich28are estimated to costor 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 conducted37statewide for aAll school construction or remodeling governed by this chapter,38building inspectionsshall beperformedinspected byIdaho certifiedbuilding 39 inspectors certified in accordance with section 39-4108, Idaho Code, or by 40 Idaho licensed architects or engineerseither employed by or contracted to41local jurisdictionsto 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. Thedepartmentdivision 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 sionpursuant to this actapplicable 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 thedepartmentdivision. 18 (2) Any modular building bearing an insignia of approval of thedepart-19mentdivision shall be deemed to comply with codes, laws, orregulationsrules 20 enacted by the state of Idaho which govern themanufacturingmanufacture and 21 construction of such building. 22 (3) No modular building which has been approved by thedepartmentdivi- 23 sion shall be in any way modified prior toor during installation by a manu-24facturer or installerits initial occupancy unless approval of that modifica- 25 tion is first made by thedepartmentdivision. 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. Thedirector29 administrator shall issue insignia for commercial coaches which meet the 30 requirements of thestandards,adopted codes, laws and rulesand regulations31 promulgated by thedirectorboard pursuant to thisactchapter. 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 thedepartmentdivision under the terms and provisions of thisactchapter 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 thedepartmentdivision to 41 carry into effect the provisions of thisactchapter. 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. Thedepart-45mentdivision 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 thedepartmentdivi- 3 sion that such building does not conform to the requirements of this chapter 4 or to the rulesand regulationsadopted pursuant to this chapter or any other 5 chapter ofthe state ofIdaho Code relating tothebuilding 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 whowilfullywillfully 11 violates any provision of this chapter or whowilfullywillfully violates any 12 provisions of the codes enumerated in this chapter or rules promulgated by the 13directoradministrator 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 thedirector30 administrator determines that standards for modular buildings and commercial 31 coaches which have been adopted by the statutes orregulationsrules of 32 another state are at least equal to the standards adopted by thedirector33 administrator, thedirectoradministrator may so provide byregulationrule. 34 (2) If thedirectoradministrator 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, thedirectoradministrator may certify per- 38 sonnel to inspect such modular buildings or commercial coaches. If thedirec-39toradministrator shall then determine that said units meet the standards of 40 this state, the product shall be acceptable and thedirectoradministrator 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 whomeets the definition provided in section 39-3202(3), Idaho Codeis 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 anyvehicular type unit either as an integral part of,3or required for the movement of, unitsrecreational vehicle as defined in sec- 4 tion39-4105(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.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved 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)".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 CODEADVISORYACT 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 thenation andstate are matters ofnationwide andstatewide 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. 35The legislature also finds that the factory production of housing and36other buildings presents unique problems with respect to uniformity of codes37and 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 structuresand the general publicsubject 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)RequireEstablish, 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 codes3for the state of IdahoClarify 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. Thisactchapter shall be known as "The Idaho 8 Building CodeAdvisoryAct."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 shall12apply to all buildings and construction within the state of Idaho, except as13otherwise provided inThis 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) StructuresEquipment used primarily for industrial chemical process 21 purposes and for mineral extraction and mineral processing purposes.shall be22exempt from this chapter except forThis exemption shall not include the erec- 23 tion and fabrication of newstructures,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 27facilities associated with air conditioningequipment, 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,31shall be exempt from the provisions of this chapter, except for temporary32facilities which are classified as a modular building under the provisions of33section 39-4121, Idaho Code, and/or a commercial coach under the provisions of34section 39-4122, Idaho Code.35(4) Farms, as defined in section 39-4105(19), Idaho Code, shall be exempt36from the provisions of this chapter except for any structure which is classi-37fied as a modular building under the provisions of section 39-4121, Idaho38Code, and/or a commercial coach under the provisions of section 39-4122, Idaho39Code, or a manufactured home under the provisions of chapter 40, title 39,40Idaho 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 thisactchapter 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 codeadvisoryboard, herein created. 11 (3)"Person" means a natural person, corporation, partnership, trust,12society, 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 or16fixed, which comprises a structure affording facilities or shelter for any use17or occupancy, and shall include a part or parts thereof and all equipment18therein 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 not30limited to, heating, ventilating, air conditioning, and refrigerating facili-31ties or installations, and elevators, dumbwaiters, escalators, boilers and32pressure vessels and ski lifts, but not including telecommunications facili-33ties"Division" means the state of Idaho division of building safety. 34 (78)"Local inspection agency" means the agency or agencies of local gov-35ernment with authority to make inspections of buildings and to enforce the36codes, laws and rules of the state of Idaho which establish standards and37requirements applicable to the construction, alteration, repair, or demolition38of 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 standardscontained in the Uniform Building Code, as adopted or any amend-8ments theretoadopted 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,12either public or private, upon which a building is placed or is to be placed.13(11) "Closed construction" means any manufactured building or building14component which may enclose factory installed structural, mechanical, electri-15cal or plumbing systems and is not open for visual inspection at the building16site.17(12) "Commercial coach" means a modular building equipped with the neces-18sary service connections and made so as to be readily movable as a unit on its19own running gear and originally designated to be used without a permanent20foundation.21(13) "Manufactured home" (formerly mobile home) means a structure, con-22structed according to HUD/FHA mobile home construction and safety standards,23transportable in one or more sections, which, in the traveling mode, is eight24(8) body feet or more in width or is forty (40) body feet or more in length,25or when erected on site, is three hundred twenty (320) or more square feet,26and which is built on a permanent chassis and designed to be used as a dwell-27ing with or without a permanent foundation when connected to the required28utilities, and includes the plumbing, heating, air conditioning, and electri-29cal systems contained therein, except that such term shall include any struc-30ture which meets all the requirements of this paragraph except the size31requirements and with respect to which the manufacturer voluntarily files a32certification required by the secretary of housing and urban development and33complies with the standards established under 42 U.S.C. 5401 et seq.34(14) "Temporary facility" means a structure designed and constructed to35service actual construction projects and which is completely removed upon com-36pletion of the project. This structure shall not be a place of employment or37human habitation, and does not include those temporary structures used for the38protection of the public around and in conjunction with construction work.39(15) "Human habitation," when used in respect to temporary facilities,40means a space in a structure for living, sleeping, eating or cooking.41Bathrooms, toilet compartments, storage or utility space and similar areas are42not 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 CODEADVISORYBOARD CREATED -- MEMBERSHIP -- 6 1 APPOINTMENT -- TERMS -- QUORUM -- COMPENSATION -- MEETINGS. (1) The Idaho 2 building codeadvisoryboard is established within thedepartmentdivision as 3 an appeals, code adoption andvariance, and advisoryrulemaking 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 foraterms 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 ofthreefour (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 of30the building code by the International Code Council, the board shall initiate31the process of developing legislation to provide for its adoption under sec-32tion 39-4109, Idaho Code. The board shall also determine that building code's33equivalency with the provisions of the Americans With Disabilities Act Acces-34sibility Guidelines and the Fair Housing Act Accessibility Guidelines. Upon35finding that the building code under review does not provide an equivalent36level of protection for those with disabilities, the board shall promulgate37rules to amend the code so as to minimize those deficiencies to the maximum38extent possible. The board shall complete the legislation development process,39code equivalency analysis and promulgation of rules as needed to amend the40code within twenty-four (24) months of its publication by the International41Code CouncilThe 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 appealsand shall provide for51reasonable interpretations and suitability of alternate materials and methods52of 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-4tions,be final, and the board shall render all decisions and findings in 5 writing tothe 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,12standards, rules and regulations relating to the construction of buildings to13ascertain their effect upon the public safety and support an ongoing effort to14promote the uniform adoption, application and interpretation of safety, acces-15sibility and building codes statewide.16(6) The board shall adopt the latest changes to the codes enumerated in17this act, and shall recommend to the director such amendments deemed necessary18for the safety of the public. Such amendments shall be promulgated only after19public hearings on the subject amendments.20(7) The board shall have the authority to promulgate rules in accordance21with chapter 52, title 67, Idaho Code, to implement the provisions of this22chapter.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 ofthis chapterthe division, in 37 the state of Idaho without first procuring a permit from theappropriate38agencydivision authorizing such work to be done. 39For the purposes of permit requirements for commercial coaches and modular40buildings, a single permit covering all aspects of construction shall be41issued 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 totalvaluationvalue 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. PLANCHECKINGREVIEWS -- MAXIMUM FEES AND SCHOOL INSPECTIONS. 8 (1)Notwithstanding the provisions of section 302(b), Uniform Building Code,91985, tThe administrator shall establish a program fortotalplanchecking10 review and permitissueissuance 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 beas requiredestablished 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 such24building plan meets the appropriate construction and safety standards in force25at that time before the model involved is produced.26 (4) Each school district shall submit to the division of building safety 27athree (3) sets of working drawings and specifications for new school build- 28 ings or facilities and additions or alterations to existing buildingswhich29are estimated to costor 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 conducted38statewide for aAll school construction or remodeling governed by this chapter,39building inspectionsshall beperformedinspected byIdaho certifiedbuilding 40 inspectors certified in accordance with section 39-4108, Idaho Code, or by 41 Idaho licensed architects or engineerseither employed by or contracted to42local jurisdictionsto 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. Thedepartmentdivision 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 sionpursuant to this actapplicable 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 thedepartmentdivision. 19 (2) Any modular building bearing an insignia of approval of thedepart-20mentdivision shall be deemed to comply with codes, laws, orregulationsrules 21 enacted by the state of Idaho which govern themanufacturingmanufacture and 22 construction of such building. 23 (3) No modular building which has been approved by thedepartmentdivi- 24 sion shall be in any way modified prior toor during installation by a manu-25facturer or installerits initial occupancy unless approval of that modifica- 26 tion is first made by thedepartmentdivision. 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. Thedirector30 administrator shall issue insignia for commercial coaches which meet the 31 requirements of thestandards,adopted codes, laws and rulesand regulations32 promulgated by thedirectorboard pursuant to thisactchapter. 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 thedepartmentdivision under the terms and provisions of thisactchapter 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 thedepartmentdivision to 42 carry into effect the provisions of thisactchapter. 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. Thedepart-12 1mentdivision 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 thedepartmentdivi- 4 sion that such building does not conform to the requirements of this chapter 5 or to the rulesand regulationsadopted pursuant to this chapter or any other 6 chapter ofthe state ofIdaho Code relating tothebuilding 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 whowilfullywillfully 12 violates any provision of this chapter or whowilfullywillfully violates any 13 provisions of the codes enumerated in this chapter or rules promulgated by the 14directoradministrator 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 thedirector31 administrator determines that standards for modular buildings and commercial 32 coaches which have been adopted by the statutes orregulationsrules of 33 another state are at least equal to the standards adopted by thedirector34 administrator, thedirectoradministrator may so provide byregulationrule. 35 (2) If thedirectoradministrator 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, thedirectoradministrator may certify per- 39 sonnel to inspect such modular buildings or commercial coaches. If thedirec-40toradministrator shall then determine that said units meet the standards of 41 this state, the product shall be acceptable and thedirectoradministrator 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 whomeets the definition provided in section 39-3202(3), Idaho Codeis 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 anyvehicular type unit either as an integral part of,5or required for the movement of, unitsrecreational vehicle as defined in sec- 6 tion39-4105(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.
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