2003 Legislation
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SENATE BILL NO. 1111 – Modular bldg plant, supervisor

SENATE BILL NO. 1111

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S1111.........................................................by STATE AFFAIRS
MODULAR BUILDINGS - Repeals and amends existing law to delete a section of law
relating to certification of plant supervisors; to define "qualified
supervisor"; and to provide that when the division has assumed the duties of
an in-plant inspection agency, no modular building shall receive an insignia
of approval unless the installation of plumbing, heat producing and electrical
systems were supervised.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1111
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO BUILDING CODE  ACT;  REPEALING  SECTION  39-4009,  IDAHO
  3        CODE,  RELATING  TO  CERTIFICATION  OF PLANT SUPERVISORS; AMENDING SECTION
  4        39-4105, IDAHO CODE, TO DEFINE "QUALIFIED  SUPERVISOR";  AMENDING  SECTION
  5        39-4121,  IDAHO  CODE,  TO  PROVIDE THAT WHEN THE DIVISION HAS ASSUMED THE
  6        DUTIES OF AN IN-PLANT INSPECTION AGENCY NO MODULAR BUILDING SHALL  RECEIVE
  7        AN  INSIGNIA OF APPROVAL UNLESS THE INSTALLATION OF PLUMBING, HEAT PRODUC-
  8        ING AND ELECTRICAL SYSTEMS WERE SUPERVISED, NO OTHER FORM OF CERTIFICATION
  9        OR LICENSING SHALL BE REQUIRED FOR EMPLOYEES OF MODULAR BUILDING  MANUFAC-
 10        TURERS,  MODULAR  BUILDING  MANUFACTURERS SHALL HAVE QUALIFIED SUPERVISORS
 11        FOR PLUMBING AND HEAT PRODUCING SYSTEMS AND ELECTRICAL SYSTEMS AND  QUALI-
 12        FIED SUPERVISORS SHALL BE ON DUTY IN THE PLANT AT ALL TIMES WHEN PLUMBING,
 13        HEAT PRODUCING OR ELECTRICAL SYSTEMS ARE BEING INSTALLED; AND DECLARING AN
 14        EMERGENCY.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 39-4009, Idaho Code, be, and the same is hereby
 17    repealed.
                                                                        
 18        SECTION 2.  That Section 39-4105, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        39-4105.  DEFINITIONS.  As used in this chapter, the terms defined in this
 21    section shall have the following meanings, unless the  context  clearly  indi-
 22    cates  another  meaning.  Where  terms are not defined in this chapter and are
 23    defined in the currently adopted International Building Code published by  the
 24    International  Code  Council,  such  terms shall have the meanings ascribed to
 25    them in that code:
 26        (1)  "Administrator" means the administrator of the division  of  building
 27    safety for the state of Idaho.
 28        (2)  "Board" means the Idaho building code board, herein created.
 29        (3)  "Building  inspector" means a person who inspects buildings or struc-
 30    tures for compliance with the provisions of this chapter.
 31        (4)  "Closed construction" means any  manufactured  building  or  building
 32    component which may enclose factory installed structural, mechanical, electri-
 33    cal  or plumbing systems and is not open for visual inspection at the building
 34    site.
 35        (5)  "Commercial coach" means a modular building equipped with the  neces-
 36    sary service connections and made so as to be readily movable as a unit on its
 37    own  running  gear  and  originally  designated to be used without a permanent
 38    foundation.
 39        (6)  "Construction" means the erection, fabrication, reconstruction, demo-
 40    lition, alteration, conversion, or repair of a building, or  the  installation
 41    of equipment therein normally a part of the structure.
 42        (7)  "Division" means the state of Idaho division of building safety.
                                                                        
                                           2
                                                                        
  1        (8)  "International  Fire  Code" means the International Fire Code as pub-
  2    lished by the International Code Council.
  3        (9)  "Local government" means any city or county of this state.
  4        (10) "Manufactured home" means a structure,  constructed  after  June  15,
  5    1976,  in  accordance  with  the HUD manufactured home construction and safety
  6    standards, and is transportable in one (1) or more  sections,  which,  in  the
  7    traveling  mode, is eight (8) body feet or more in width or is forty (40) body
  8    feet or more in length, or when erected on site, is three hundred twenty (320)
  9    or more square feet, and which is built on a permanent chassis and designed to
 10    be used as a dwelling with or without a permanent foundation when    connected
 11    to  the required utilities, and includes the plumbing, heating, air condition-
 12    ing, and electrical systems contained therein, except  that  such  term  shall
 13    include  any  structure  which  meets  all  the requirements of this paragraph
 14    except the size requirements and with respect to which the manufacturer volun-
 15    tarily files a certification required by the secretary of  housing  and  urban
 16    development  and  complies with the standards established under 42 U.S.C. sec-
 17    tion 5401 et seq.
 18        (11) "Mobile home" means a factory-assembled structure or structures  gen-
 19    erally  constructed  prior  to  June 15, 1976, and equipped with the necessary
 20    service connections and made so as to be readily movable as a unit or units on
 21    their own running gear and designed to be used as a  dwelling  unit  or  units
 22    with or without a permanent foundation.
 23        (12) "Modular  building"  means  any building or building component, other
 24    than a manufactured or mobile home, which is constructed  according  to  codes
 25    and  standards  adopted by the division of building safety, which is of closed
 26    construction and is either entirely or substantially prefabricated  or  assem-
 27    bled at a place other than the building site.
 28        (13) "Qualified  supervisor"  means  a  journeyman  plumber in the case of
 29    plumbing and heat producing systems and a journeyman electrician in  the  case
 30    of electrical systems.
 31        (14) "Telecommunications  facilities"  means all wires, cables, equipment,
 32    apparatus or other installations necessary to furnish service, by which  there
 33    is  accomplished  or may be accomplished, the sending or receiving of informa-
 34    tion, data, message writing signs, signals, pictures, and sounds of all kinds,
 35    by aid of such wires, cables, equipment, apparatus or other installations, but
 36    shall not include the habitable structure  in  which  such  telecommunications
 37    facilities are housed.
                                                                        
 38        SECTION  3.  That  Section 39-4121, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        39-4121.  MODULAR BUILDINGS -- INSIGNIA OF APPROVAL --  MANUFACTURING  AND
 41    INSTALLATION  -- MODIFICATION. (1) No modular building shall be installed on a
 42    building site in this state on or after July 1, 1975, unless  it  is  approved
 43    and bears the insignia of approval of the division.
 44        (2)  The  following  provisions  shall  apply only to manufacturing plants
 45    where the division has assumed the duties and responsibilities of an  in-plant
 46    inspection agency (IPIA) under the provisions of section 39-4003A, Idaho Code:
 47        (a)  No  modular  building  shall  receive  an insignia of approval unless
 48        qualified supervisors have supervised the installation  of  the  plumbing,
 49        heat  producing  and electrical systems in the manufacturing of the build-
 50        ing. No other form of certification or licensing  shall  be  required  for
 51        employees of manufacturers of modular buildings in the installation of the
 52        plumbing,  heat  producing  or  electrical systems in the manufacturing of
 53        modular buildings.
                                                                        
                                           3
                                                                        
  1        (b)  Each manufacturer of modular buildings shall be required to  have  at
  2        least one (1) qualified supervisor for plumbing and heat producing systems
  3        and  one (1) qualified supervisor for electrical systems. Qualified super-
  4        visors shall be on duty in the plant at all times when a modular  building
  5        plant is installing plumbing, heat producing or electrical systems.
  6        (3)  Any  modular building bearing an insignia of approval of the division
  7    shall be deemed to comply with codes, laws, or rules enacted by the  state  of
  8    Idaho which govern the manufacture and construction of such building.
  9        (34)  No modular building which has been approved by the division shall be
 10    in  any  way  modified  prior to its initial occupancy unless approval of that
 11    modification is first made by the division.
                                                                        
 12        SECTION 4.  An emergency existing  therefor,  which  emergency  is  hereby
 13    declared to exist, this act shall be in full force and effect on and after its
 14    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                                           RS12593C2
                                
                                   Five plants in Idaho construct manufactured housing. These plants
    are subject to building codes and inspection requirements
    established by the U.S. Department of Housing and Urban
    Development and enforced by the Idaho Division of Building
    Safety.
    
      This bill would allow such plants to also construct modular
    buildings if they use journeymen electricians and plumbers to
    supervise the installation of electrical, plumbing and heating
    systems in those buildings. No other certification or licensing
    would be required of the employees installing those systems. That
    construction would continue to be subject to inspection by the
    Division of Building Safety.
    
      The bill also repeals an obsolete section of Idaho Code.
    
    
    
    
                           FISCAL NOTE
                                
                                   Plants pay fees to cover the cost of inspection and enforcement
    so there would be no fiscal impact to the general fund.
    
    
    
                            CONTACT:     Jack Lyman
                                      Idaho Manufactured Housing Association
                                      342.0031
                STATEMENT OF PURPOSE/FISCAL NOTE                       S 1111