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S1133aa..............................................by JUDICIARY AND RULES
HEATING/VENTILATION/AIR CONDITIONING INSTALLERS - Adds to existing law to
provide for the regulation of installers of heating, ventilation and air
conditioning systems.
02/27 Senate intro - 1st rdg - to printing
02/28 Rpt prt - to Com/HuRes
03/17 Rpt out - to 14th Ord
03/26 Rpt out amen - to engros
03/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 28-6-1
AYES -- Andreason, Bailey, Bunderson, Burkett(Roberts), Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble,
Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk
NAYS -- Brandt, Burtenshaw, Geddes, Pearce, Sweet, Williams
Absent and excused -- McWilliams
Floor Sponsor - Goedde
Title apvd - to House
04/01 House intro - 1st rdg - to Bus
04/02 Rpt out - rec d/p - to 2nd rdg
04/03 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 49-17-4
AYES -- Andersen, Barraclough, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy, Deal, Douglas,
Edmunson, Ellsworth, Field(18), Gagner, Garrett, Henbest, Jaquet,
Jones, Kellogg, Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle,
Naccarato, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Tilman, Mr. Speaker
NAYS -- Barrett, Bauer, Crow, Denney, Eskridge, Field(23), Harwood,
Kulczyk, Langford, McGeachin, McKague, Nielsen, Sali, Schaefer,
Trail(Young), Wills, Wood
Absent and excused -- Clark, Eberle, Lake, Roberts
Floor Sponsor - Gagner
Title apvd - to Senate
04/07 To enrol
04/08 Rpt enrol - Pres signed - Sp signed
04/09 To Governor
04/14 Governor signed
Session Law Chapter 276
Effective: 04/14/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1133
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO REGULATION OF INSTALLERS OF HEATING, VENTILATION AND AIR CONDI-
3 TIONING SYSTEMS; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW
4 CHAPTER 50, TITLE 54, IDAHO CODE, TO PROVIDE A DECLARATION OF POLICY, TO
5 PROVIDE EXCEPTIONS, TO PROVIDE DEFINITIONS, TO CREATE THE IDAHO HEATING,
6 VENTILATION AND AIR CONDITIONING BOARD, TO PROVIDE POWERS AND DUTIES OF
7 THE BOARD, TO PROVIDE POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVI-
8 SION OF BUILDING SAFETY, TO PROVIDE REQUIREMENTS FOR ISSUANCE OF CERTIFI-
9 CATES OF COMPETENCY, TO PROVIDE THAT A CERTIFICATE IS A PREREQUISITE TO
10 ENGAGING IN HEATING, VENTILATION AND AIR CONDITIONING WORK, TO PROVIDE
11 FOUR CLASSIFICATIONS OF COMPETENCY, TO REQUIRE EXAMINATIONS OF ALL APPLI-
12 CANTS FOR A CERTIFICATE OF COMPETENCY, TO PROVIDE FOR THE ISSUANCE OF A
13 CERTIFICATE OF COMPETENCY, TO PROVIDE FEES FOR EXAMINATIONS, CERTIFICATES
14 AND REGISTRATION OF APPRENTICES, TO PROVIDE FOR CERTIFICATE EXPIRATION AND
15 RENEWAL, TO REQUIRE CERTIFICATES TO BE DISPLAYED IN PLACE OF BUSINESS AND
16 AVAILABLE WHILE ON THE JOB, TO PROVIDE FOR EXCLUSIVE JURISDICTION OF THE
17 STATE FOR ISSUANCE OF CERTIFICATES AND TO PLACE CERTAIN RESTRICTIONS ON
18 LOCAL JURISDICTIONS, TO REQUIRE THAT PERMITS BE OBTAINED PRIOR TO PERFORM-
19 ING HEATING, VENTILATION AND AIR CONDITIONING WORK WITH AN EXCEPTION, TO
20 PROVIDE FOR APPLICATION AND FEES FOR A PERMIT, TO PROVIDE FOR INSPECTION
21 OF PERMITTED WORK, TO PROVIDE FOR APPROVAL AND CERTIFICATION OF INSPEC-
22 TIONS, TO PROVIDE FOR REQUESTING AN INSPECTION AND FOR REINSPECTIONS, TO
23 PROVIDE FOR APPOINTMENT AND QUALIFICATION OF INSPECTORS, TO SPECIFY VIOLA-
24 TIONS AND TO PROVIDE PENALTIES, TO PROVIDE THAT THE ATTORNEY GENERAL AND
25 COUNTY PROSECUTING ATTORNEYS SHALL REPRESENT THE STATE IN ACTIONS OR PRO-
26 CEEDINGS INVOLVING QUESTIONS RELATIVE TO THIS CHAPTER AND TO CREATE THE
27 IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD FUND; AND DECLARING
28 AN EMERGENCY.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
31 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
32 ter 50, Title 54, Idaho Code, and to read as follows:
33 CHAPTER 50
34 INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
35 54-5001. DECLARATION OF POLICY. The purpose of this chapter is to ensure
36 that installation of all heating, ventilation and air conditioning systems in
37 the state of Idaho shall be in accordance with the most currently adopted
38 codes applicable to the industry and amendments as adopted by local govern-
39 ments. Nothing in this chapter shall require a local government to adopt or
40 implement a mechanical inspection program unless such local government chooses
41 to do so by an ordinance duly adopted. Therefore, the provisions of this chap-
42 ter shall pertain to those local governments that have adopted mechanical and
2
1 fuel gas codes.
2 54-5002. EXCEPTIONS. Certificate of competency requirements of this chap-
3 ter shall not apply to:
4 (1) Any person who installs or maintains a heating, ventilation and air
5 conditioning system in a single or duplex family dwelling, including accessory
6 buildings, quarters and grounds in connection with such dwelling; provided
7 that such person owns or is a contract purchaser of the premises; and pro-
8 vided further that such person shall comply with the standards and rules
9 applicable to heating, ventilation and air conditioning installation or
10 repairs as provided in this chapter.
11 (2) Farm buildings located outside the incorporated limits of any city;
12 and a farm is hereby defined to be an agricultural unit on which the owner or
13 occupant resides and from which the owner or occupant derives his principal
14 income and livelihood.
15 (3) Logging, mining or construction camps when heating, ventilation or
16 air conditioning installations are made to conform to the recommendations of
17 the department of health and welfare.
18 (4) Work on heating, ventilation or air conditioning systems on premises
19 owned or operated by an employer who regularly employs maintenance or con-
20 struction heating, ventilation and air conditioning journeymen, provided that
21 alterations, extensions and new construction shall comply with the minimum
22 standards and rules applicable to heating, ventilation and air conditioning
23 practices in accordance with the provisions of this chapter.
24 54-5003. DEFINITIONS. As used in this chapter:
25 (1) "Heating, ventilation and air conditioning (HVAC)" means and includes
26 the business, trade, practice or work, materials and fixtures used in the
27 design, construction, installation, improvement, extension and alteration of
28 all piping, venting, ductwork, appliances and appurtenances in connection with
29 any heating, ventilation or air conditioning system or subsystems of such.
30 (2) "Heating, ventilation and air conditioning apprentice" means any per-
31 son who, as his principal occupation, is engaged in learning and assisting in
32 installation, improvement, extension, alteration or repair of HVAC systems. An
33 apprentice shall perform HVAC work under the supervision of an HVAC journeyman
34 or HVAC contractor.
35 (3) "Heating, ventilation and air conditioning contractor" means any per-
36 son who fabricates, installs, maintains, services and repairs warm air heating
37 and water heating systems, heat pumps, complete with warm air appliances
38 including, but not limited to, boilers, pool heaters, space heaters,
39 decorative gas and solid-fuel burning fireplaces and stoves, and gas, propane,
40 electric or oil-fired water heaters; ventilating systems complete with blowers
41 and plenum chambers; air conditioning systems complete with air conditioning
42 unit and the ducts, registers, flues, humidity and thermostatic controls of
43 air, liquid or gas temperatures below fifty (50) degrees fahrenheit or ten
44 (10) degrees celsius, and air filters in connection with any of these systems.
45 (4) "Heating, ventilation and air conditioning journeyman" means any per-
46 son who, as his principal occupation, is engaged in the installation, improve-
47 ment, extension, alteration or repair of HVAC systems and who is familiar with
48 the provisions of this chapter and who works in the employ and under direction
49 of an HVAC contractor.
50 (5) "Heating, ventilation and air conditioning specialty contractor"
51 means any person who, as his principal occupation, is engaged in a specific
52 aspect of the heating, ventilation and air conditioning trade that includes,
53 but is not limited to, such aspects as gas piping, gas appliances and instal-
3
1 lation, or decorative gas-fired appliances. Such person shall also be an HVAC
2 contractor.
3 (6) "Heating, ventilation and air conditioning system" means any heating,
4 ventilation or air conditioning system in a residential, private, public or
5 semipublic building or structure including, but not limited to, any mechanical
6 means of heating or air conditioning and to gas piping, venting, ductwork and
7 controls.
8 (7) "Local government" means any incorporated city or any county in the
9 state.
10 54-5004. IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD. (1) The
11 Idaho heating, ventilation and air conditioning board, referred to as the
12 board, is hereby created and made part of the division of building safety. It
13 shall be the responsibility and duty of the administrator of the division of
14 building safety to administer and enforce the provisions of this chapter, and
15 the board shall make, promulgate and publish such rules as may be necessary to
16 carry out the provisions of this chapter. Except as may be limited or prohib-
17 ited by law, such rules so made and promulgated shall have the force of stat-
18 ute.
19 (2) The initial board shall consist of five (5) members appointed by the
20 governor, with power of removal for cause. On and after July 1, 2004, the
21 board shall consist of seven (7) members appointed by the governor, with power
22 of removal for cause. Members shall be appointed for a term of three (3)
23 years. Whenever a vacancy occurs, the governor shall forthwith appoint a qual-
24 ified person to fill the vacancy for the unexpired portion of the term. All
25 members of the board shall be United States citizens, residents of this state
26 for not less than two (2) years, and qualified by knowledge, integrity and
27 experience to properly perform the functions of the board. All members of the
28 board shall take, subscribe and file with the secretary of state an oath of
29 office in the form, manner and time as prescribed by chapter 4, title 59,
30 Idaho Code.
31 (3) Composition of the initial board shall be four (4) members who are
32 active HVAC contractors with not less than five (5) years experience in the
33 HVAC contracting business and one (1) member shall represent local government
34 building departments, except that in two (2) of the initial HVAC contractor
35 appointments to the board, the governor shall appoint a contractor member of
36 the Idaho electrical board and a contractor member of the Idaho plumbing
37 board, each to serve a two (2) year term that will subsequently be filled by
38 an active HVAC contractor as provided herein. On and after July 1, 2004, two
39 (2) additional members shall be appointed to the board, one (1) member to rep-
40 resent the consumer public-at-large, and one (1) member to represent specialty
41 HVAC contractors.
42 (4) The board shall meet within thirty (30) days after the appointment of
43 all its members and thereafter at such other times as may be expedient and
44 necessary for the proper performance of its duties. At the board's first meet-
45 ing, the members shall elect one (1) of their number to be chairman. A major-
46 ity of the board shall constitute a quorum for the transaction of business and
47 not less than two (2) quorum meetings shall be held each year. The board may
48 delegate to any member, or its chairman or other employees, the power to make
49 investigations and hold hearings at any place it may deem proper, and to
50 report findings to it; and may delegate to its chairman and employees the per-
51 formance of ministerial functions.
52 (5) Each member of the board shall be compensated as provided in section
53 59-509(h), Idaho Code.
4
1 54-5005. POWERS AND DUTIES OF THE BOARD -- LIMITATION. The board shall
2 have the general administration and supervision of the design, construction,
3 installation, improvement, extension and alteration of heating, ventilation
4 and air conditioning systems, except that which has been heretofore and here-
5 inafter exempted from the jurisdiction of this board, in connection with all
6 buildings, residences and structures in this state including buildings, resi-
7 dences and structures owned by the state or any political subdivision
8 thereof. The division of building safety shall enforce the minimum standards
9 and requirements therefor as provided by this chapter. The board may exercise
10 such powers and duties as are reasonably necessary to carry out the provisions
11 of this chapter, and it may, among other things:
12 (1) Establish the fees to be charged for permits and inspections of heat-
13 ing, ventilation and air conditioning systems under the jurisdiction of the
14 state.
15 (2) Hold public meetings and attend or be represented at such meetings,
16 within or without the state, prepare and publish rules pertaining to this
17 chapter, and such other information as may be necessary, and furnish copies
18 thereof to those engaged in the business, trade, practice or work of heating,
19 ventilation and air conditioning and to the public upon request.
20 The powers and duties of the board within the jurisdictional boundaries of
21 local governments that have chosen to adopt and enforce mechanical codes shall
22 be limited to those powers and duties needed to enforce the requirements gov-
23 erning a certificate of competency. Each local government that has chosen to
24 adopt and enforce mechanical codes shall establish fees to be charged for per-
25 mits and inspections within its jurisdiction.
26 54-5006. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY. The adminis-
27 trator shall exercise such powers and duties as are reasonably necessary to
28 enforce standards provided in this chapter, and he may, among other things:
29 (1) Serve as secretary to the Idaho heating, ventilation and air condi-
30 tioning board.
31 (2) Appoint certificate of competency inspectors who shall be authorized
32 to enter and inspect by and through a properly identified person, at reason-
33 able hours, heating, ventilation and air conditioning systems.
34 (3) Summon witnesses to appear and testify before him on any matter
35 within the provisions of this chapter. No person shall be required to testify
36 outside the county wherein he resides or where his principal place of business
37 is located. Such summons to testify shall be issued and served in like manner
38 as a subpoena to witness issued from the district court, or in other manner
39 consistent with procedure of the division of building safety. In case any wit-
40 ness shall fail or refuse to appear and testify upon being summoned as herein
41 provided, the clerk of the district court of the county shall, upon demand by
42 said administrator or his designated agent, issue a subpoena reciting the
43 demand therefor and summoning the witness to appear and testify at a time and
44 place fixed. Violation of such subpoena or disobedience thereto shall be
45 deemed and punished as a violation of any other subpoena issued from the dis-
46 trict court.
47 (4) Administer oaths and take affirmations of witnesses appearing before
48 him; and have the power to appoint competent persons to issue subpoenas,
49 administer oaths and take testimony.
50 54-5007. REQUIREMENTS FOR CERTIFICATES OF COMPETENCY. The Idaho heating,
51 ventilation and air conditioning board shall provide standards and procedures
52 and prescribe reasonable rules for examination, qualification and certifica-
53 tion of heating, ventilation and air conditioning contractors, journeymen and
5
1 apprentices. HVAC contractors shall provide a bond in the amount of two thou-
2 sand dollars ($2,000) or evidence of such coverage by a corporate industry
3 group bond acceptable to the board.
4 54-5008. CERTIFICATE A PREREQUISITE. On and after July 1, 2004, it shall
5 be unlawful for any person or firm, copartnership, association or corporation
6 to engage in the business, trade, practice or work of heating, ventilation
7 and air conditioning in this state unless such person or responsible person
8 representing such firm, copartnership, association or corporation, has suc-
9 cessfully passed an examination as provided herein and has been issued a state
10 certificate of competency. Such certificate of competency shall not be trans-
11 ferable.
12 54-5009. CLASSIFICATION OF COMPETENCY. There shall be four (4) classifi-
13 cations of competency in the business, trade, practice or work of heating,
14 ventilation and air conditioning as follows:
15 (1) An apprentice shall be any person who, as his principal occupation,
16 is engaged in learning and assisting in the installation, improvement, exten-
17 sion and alteration or repair of HVAC systems. An apprentice shall not perform
18 HVAC work except under the supervision of an HVAC journeyman or HVAC contrac-
19 tor.
20 (2) A journeyman shall be any person who, as his principal occupation, is
21 engaged in the installation, improvement, extension and alteration or repair
22 of HVAC systems and who is familiar with the provisions of this chapter and
23 who works in the employ and under direction of an HVAC contractor and has suc-
24 cessfully completed all trade required classes as directed by the board.
25 (3) A heating, ventilation and air conditioning contractor shall be any
26 business, trade, copartnership, firm or association engaged in, but not lim-
27 ited to, the business, trade, practice or work of installing, maintaining or
28 repairing heating, ventilation or air conditioning appliances, or gas-fired
29 equipment that requires special venting or gas supply piping systems or sub-
30 systems in the state of Idaho.
31 (4) A heating, ventilation and air conditioning specialty contractor
32 shall be any HVAC contractor who, as his principal occupation, is engaged in a
33 specific aspect of the heating, ventilation and air conditioning trade that
34 includes, but is not limited to, such aspects as gas piping, gas appliances
35 and installation, or decorative gas-fired appliances.
36 54-5010. EXAMINATIONS -- NOTIFICATION -- APPLICATION. (1) The Idaho heat-
37 ing, ventilation and air conditioning board shall establish by rule the
38 requirements as to education, continuing education and examinations relating
39 to classifications of competency.
40 (2) Times and places for examinations shall be determined by the board
41 and all applicants shall be notified thereof.
42 (3) All applications for examination shall be filed with the board on a
43 form provided by the board. When any person is designated and authorized to be
44 or act as an agent for the applicant, such authorization shall be in writing,
45 signed by the applicant and the person designated, a certified copy of which
46 shall be filed with the board. All applications shall expire and be canceled
47 after a period of one (1) year if the applicant fails to appear for examina-
48 tion within such period.
49 54-5011. CERTIFICATE OF COMPETENCY. On and after July 1, 2004, a certifi-
50 cate of competency in the form of a card shall be issued to an applicant upon
51 successful completion of the examination. The card shall include the holder's
6
1 name, classification for which the applicant was examined, the year for which
2 the card is current, the holder's signature, certificate number, and the sig-
3 nature of the administrator of the division of building safety.
4 54-5012. FEES FOR APPLICATION FOR EXAMINATION, CERTIFICATES OF COMPETENCY
5 AND REGISTRATION OF APPRENTICES.
6 (1) Application for examination.
7 (a) HVAC contractor................................................$35.00
8 (b) HVAC journeyman................................................$35.00
9 (2) Certificate of competency, initial issue, valid for one (1) year; or
10 may be issued at the annual rate for up to three (3) years.
11 (a) HVAC contractor................................................$75.00
12 (b) HVAC journeyman................................................$50.00
13 (3) Renewal of certificate of competency, valid for one (1) year.
14 (a) HVAC contractor................................................$50.00
15 (b) HVAC journeyman................................................$25.00
16 (4) Each apprentice is required to register annually. The annual regis-
17 tration fee is fifteen dollars ($15.00).
18 54-5013. CERTIFICATE EXPIRATION -- RENEWAL. (1) Certificates of compe-
19 tency shall expire twelve (12) calendar months from the date of issue, on the
20 last day of the month of the licensing period, unless renewed as provided in
21 this section, or unless sooner revoked or suspended.
22 (2) Renewal of a certificate may be requested within sixty (60) days
23 prior to the expiration date. Any certificate which has expired may be revived
24 at any time within one (1) year from the first day of the final month of the
25 licensing period, by payment of a thirty-five dollar ($35.00) revival fee in
26 addition to the full annual renewal fee.
27 54-5014. CERTIFICATE TO BE DISPLAYED AND CARRIED ON THE JOB. (1) All
28 holders of a valid certificate of competency for the classification of con-
29 tractor or specialty contractor shall display a sign or card for public view
30 in the holder's place of business.
31 (2) All journeymen and apprentices shall have their certificate of compe-
32 tency or annual registration card available at all times while on the job.
33 54-5015. EXCLUSIVE JURISDICTION OF THE STATE -- RESTRICTION ON REQUIRE-
34 MENT FOR ADDITIONAL LICENSES OR FEES. (1) Only the administrator of the divi-
35 sion of building safety of the state of Idaho is authorized and empowered to
36 conduct examinations and to pass upon the qualifications of applicants, and to
37 grant and issue certificates of competency and registration of apprentices to
38 such applicants as are found to be qualified to engage in the trade, business,
39 work or practice of heating, ventilation and air conditioning.
40 (2) No local jurisdiction shall have the authority to require additional
41 licensure or to require payment of any fees in order for any HVAC contractor,
42 journeyman or apprentice to engage in the heating, ventilation and air condi-
43 tioning trade within the local jurisdiction or to issue licenses to persons
44 certified or registered under the provisions of this chapter.
45 (3) Nothing in this chapter shall restrict a city or county from imposing
46 stricter public safety rules, notwithstanding any provision of Idaho Code.
47 54-5016. PERMITS REQUIRED -- EXCEPTION -- LOCAL GOVERNMENT FEES ALLOWED.
48 (1) On and after July 1, 2004, it shall be unlawful for any person, firm,
49 copartnership, association or corporation to do or cause to be done, whether
50 acting as principal, agent or employee, any construction, installation,
7
1 improvement, extension or alteration of any heating, ventilation or air condi-
2 tioning system, in any building, residence or structure in the state of Idaho,
3 without first obtaining a permit from the authority having jurisdiction,
4 authorizing such work to be done, except that no permit shall be required to
5 perform work related to repair or maintenance of an existing HVAC system.
6 (2) No provision of this chapter shall preclude local governments from
7 collecting fees for permits and inspections where such work is regulated and
8 enforced by city or county code or ordinance. Municipalities may also require
9 fees for permits and inspections in areas designated by local code or ordi-
10 nance as areas of city impact.
11 54-5017. PERMITS -- APPLICATION -- FEES. (1) On and after July 1, 2004,
12 any person, firm, copartnership, association or corporation entitled to
13 receive a permit, shall make application to the board on a form provided by
14 the board. The application shall require a description of the work proposed to
15 be done, the location, ownership and use of the premises.
16 (2) A fee as established by rule of the board or by a local government
17 that has chosen to adopt and enforce mechanical codes, shall be paid for each
18 permit issued and for each inspection required. The inspection fee shall not
19 exceed the cost of providing the inspection.
20 54-5018. INSPECTION BY AGENT. A designated, qualified, properly identi-
21 fied agent of the authority having jurisdiction shall inspect work performed
22 under each permit to ensure compliance with the provisions of this chapter and
23 rules as promulgated by the board, and applicable codes and ordinances as
24 adopted.
25 54-5019. APPROVAL AND CERTIFICATION OF INSPECTION. The inspector shall
26 either approve the portion of the work completed at the time of inspection, or
27 shall notify the permit holder of a failure to comply with the provisions of
28 this chapter or rules as promulgated by the board. When final inspection has
29 been made and the work is approved, the inspector shall certify to the permit
30 holder by securely attaching an inspector's tag to the equipment stating com-
31 pletion of the final inspection.
32 54-5020. REQUEST FOR INSPECTION -- FEE FOR REINSPECTION. (1) It shall be
33 the duty of the permit holder to notify the division of building safety at
34 least one (1) day prior to the desired inspection, Sundays and holidays
35 excluded, that the project is ready for inspection. If a reinspection is
36 required after the final inspection due to a failure to meet requirements of
37 this chapter, a fee not to exceed the actual cost of reinspection shall be
38 charged.
39 (2) Local governments that have adopted mechanical codes shall by ordi-
40 nance establish times within which permit holders shall notify the authority
41 of the desire for an inspection. Fees for inspections and reinspections shall
42 not exceed the actual cost of the inspection or reinspection.
43 54-5021. APPOINTMENT AND QUALIFICATION OF INSPECTORS -- NO FINANCIAL
44 INTEREST. (1) The administrator of the division of building safety, or the
45 local government having jurisdiction, as the case may be, shall appoint such
46 number of inspectors as are necessary for the effective enforcement of this
47 chapter.
48 (2) All state and local government mechanical inspectors shall be skilled
49 in HVAC installations and demonstrate knowledge of the provisions of this
50 chapter and rules of the administrator and the board. All inspectors shall be
8
1 certified by rule of the HVAC board as a commercial mechanical inspector or a
2 residential mechanical inspector, depending upon the duties assigned.
3 (3) No inspector shall be permitted to be engaged or financially inter-
4 ested in business, trade, practice or work related to this chapter, or sell
5 any supplies connected to the HVAC business, nor act as an agent, directly or
6 indirectly, for any person, firm, copartnership, association or corporation so
7 engaged in HVAC. The qualifications and requirements as set forth in this sec-
8 tion shall apply to inspectors employed by a municipality.
9 54-5022. VIOLATION -- MISDEMEANOR -- PENALTY. (1) It shall be a misde-
10 meanor for any person, firm, copartnership, association or corporation by and
11 through a member, representative or agent to:
12 (a) Engage in the business, trade, practice or work of HVAC without a
13 certificate of competency or without registration;
14 (b) Perform work without a permit as provided in this chapter;
15 (c) Violate any provision of this chapter or the rules made by both the
16 administrator of the division of building safety and the Idaho heating,
17 ventilation and air conditioning board;
18 (d) Refuse to perform any duty lawfully enjoined upon him by the adminis-
19 trator within the prescribed time; or
20 (e) Fail, neglect or refuse to obey any lawful order given or made by the
21 administrator.
22 (2) Such person, firm, copartnership, association or corporation shall
23 be subject to a fine of not less than ten dollars ($10.00) or more than three
24 hundred dollars ($300), or to imprisonment in the county jail not to exceed
25 thirty (30) days, or both. Each such violation shall constitute a separate
26 offense.
27 54-5023. ATTORNEY GENERAL -- PROSECUTING ATTORNEYS. It shall be the right
28 and duty of the attorney general or the prosecuting attorneys of the various
29 counties to represent and appear for the people of the state of Idaho and the
30 administrator of the division of building safety in all actions and proceed-
31 ings involving any question under this chapter or under any order or act of
32 the administrator and perform such other services as required.
33 54-5024. IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD FUND CRE-
34 ATED. All money received by the board or the division of building safety under
35 the terms and provisions of this chapter, shall be paid into the state trea-
36 sury monthly, and shall be placed, by the state treasurer, to the credit of
37 the Idaho heating, ventilation and air conditioning board fund, which fund is
38 hereby created as a dedicated fund. All such moneys hereafter placed in said
39 fund, are hereby set aside and perpetually appropriated to the division of
40 building safety to carry into effect the provisions of this chapter.
41 SECTION 2. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Goedde
Seconded by Andreason
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1133
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 39, delete "fireplaces and stoves"
3 and insert: "furnaces"; on page 3, in line 1, following "appliances." delete
4 the remainder of the line; delete line 2; in line 19, following "(2) The"
5 delete the remainder of the line; delete line 20; delete lines 31 through 41
6 and insert:
7 "(3) Of the seven (7) board members, two (2) members shall be active HVAC
8 contractors with not less than five (5) years' experience in the HVAC con-
9 tracting business; one (1) member shall be a city official; one (1) member
10 shall be a county official; one (1) member shall be a private sector mechani-
11 cal engineer with experience in mechanical system design; one (1) member of
12 the initial board shall be a contractor member of the Idaho electrical board
13 who shall serve a two (2) year term and thereafter the sixth board member
14 shall be a specialty contractor who shall serve a three (3) year term; and one
15 (1) member of the initial board shall be a contractor member of the Idaho
16 plumbing board who shall serve a two (2) year term and thereafter the seventh
17 board member shall be an HVAC contractor with not less than five (5) years'
18 experience in the HVAC contracting business who shall serve a three (3) year
19 term.".
20 On page 4, in line 31, following "Appoint" insert: "state"; on page 5, in
21 line 31, delete "HVAC contractor" and insert: "person"; in line 34, following
22 "appliances." insert: "A certificate of competency issued for the installation
23 of hearth and barbecue products shall include the authority for all low volt-
24 age work necessary to complete the installations."; on page 7, in line 15,
25 following "board" delete the remainder of the line; in line 16, delete "that
26 has chosen to adopt and enforce mechanical codes,"; in line 17, following
27 "required." delete the remainder of the line; delete line 18; in line 40, fol-
28 lowing "inspection." delete the remainder of the line; delete line 41; in line
29 47, delete "and local government"; and also in line 47, delete "skilled" and
30 insert: "knowledgeable"; and on page 8, following line 7, insert:
31 "(4) Each local government mechanical inspector shall be certified as a
32 mechanical inspector.";
33 and in line 35, delete "monthly" and insert: "as directed by the provisions of
34 section 59-1014, Idaho Code".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1133, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO REGULATION OF INSTALLERS OF HEATING, VENTILATION AND AIR CONDI-
3 TIONING SYSTEMS; AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW
4 CHAPTER 50, TITLE 54, IDAHO CODE, TO PROVIDE A DECLARATION OF POLICY, TO
5 PROVIDE EXCEPTIONS, TO PROVIDE DEFINITIONS, TO CREATE THE IDAHO HEATING,
6 VENTILATION AND AIR CONDITIONING BOARD, TO PROVIDE POWERS AND DUTIES OF
7 THE BOARD, TO PROVIDE POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVI-
8 SION OF BUILDING SAFETY, TO PROVIDE REQUIREMENTS FOR ISSUANCE OF CERTIFI-
9 CATES OF COMPETENCY, TO PROVIDE THAT A CERTIFICATE IS A PREREQUISITE TO
10 ENGAGING IN HEATING, VENTILATION AND AIR CONDITIONING WORK, TO PROVIDE
11 FOUR CLASSIFICATIONS OF COMPETENCY, TO REQUIRE EXAMINATIONS OF ALL APPLI-
12 CANTS FOR A CERTIFICATE OF COMPETENCY, TO PROVIDE FOR THE ISSUANCE OF A
13 CERTIFICATE OF COMPETENCY, TO PROVIDE FEES FOR EXAMINATIONS, CERTIFICATES
14 AND REGISTRATION OF APPRENTICES, TO PROVIDE FOR CERTIFICATE EXPIRATION AND
15 RENEWAL, TO REQUIRE CERTIFICATES TO BE DISPLAYED IN PLACE OF BUSINESS AND
16 AVAILABLE WHILE ON THE JOB, TO PROVIDE FOR EXCLUSIVE JURISDICTION OF THE
17 STATE FOR ISSUANCE OF CERTIFICATES AND TO PLACE CERTAIN RESTRICTIONS ON
18 LOCAL JURISDICTIONS, TO REQUIRE THAT PERMITS BE OBTAINED PRIOR TO PERFORM-
19 ING HEATING, VENTILATION AND AIR CONDITIONING WORK WITH AN EXCEPTION, TO
20 PROVIDE FOR APPLICATION AND FEES FOR A PERMIT, TO PROVIDE FOR INSPECTION
21 OF PERMITTED WORK, TO PROVIDE FOR APPROVAL AND CERTIFICATION OF INSPEC-
22 TIONS, TO PROVIDE FOR REQUESTING AN INSPECTION AND FOR REINSPECTIONS, TO
23 PROVIDE FOR APPOINTMENT AND QUALIFICATION OF INSPECTORS, TO SPECIFY VIOLA-
24 TIONS AND TO PROVIDE PENALTIES, TO PROVIDE THAT THE ATTORNEY GENERAL AND
25 COUNTY PROSECUTING ATTORNEYS SHALL REPRESENT THE STATE IN ACTIONS OR PRO-
26 CEEDINGS INVOLVING QUESTIONS RELATIVE TO THIS CHAPTER AND TO CREATE THE
27 IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD FUND; AND DECLARING
28 AN EMERGENCY.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
31 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
32 ter 50, Title 54, Idaho Code, and to read as follows:
33 CHAPTER 50
34 INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
35 54-5001. DECLARATION OF POLICY. The purpose of this chapter is to ensure
36 that installation of all heating, ventilation and air conditioning systems in
37 the state of Idaho shall be in accordance with the most currently adopted
38 codes applicable to the industry and amendments as adopted by local govern-
39 ments. Nothing in this chapter shall require a local government to adopt or
40 implement a mechanical inspection program unless such local government chooses
41 to do so by an ordinance duly adopted. Therefore, the provisions of this chap-
42 ter shall pertain to those local governments that have adopted mechanical and
2
1 fuel gas codes.
2 54-5002. EXCEPTIONS. Certificate of competency requirements of this chap-
3 ter shall not apply to:
4 (1) Any person who installs or maintains a heating, ventilation and air
5 conditioning system in a single or duplex family dwelling, including accessory
6 buildings, quarters and grounds in connection with such dwelling; provided
7 that such person owns or is a contract purchaser of the premises; and pro-
8 vided further that such person shall comply with the standards and rules
9 applicable to heating, ventilation and air conditioning installation or
10 repairs as provided in this chapter.
11 (2) Farm buildings located outside the incorporated limits of any city;
12 and a farm is hereby defined to be an agricultural unit on which the owner or
13 occupant resides and from which the owner or occupant derives his principal
14 income and livelihood.
15 (3) Logging, mining or construction camps when heating, ventilation or
16 air conditioning installations are made to conform to the recommendations of
17 the department of health and welfare.
18 (4) Work on heating, ventilation or air conditioning systems on premises
19 owned or operated by an employer who regularly employs maintenance or con-
20 struction heating, ventilation and air conditioning journeymen, provided that
21 alterations, extensions and new construction shall comply with the minimum
22 standards and rules applicable to heating, ventilation and air conditioning
23 practices in accordance with the provisions of this chapter.
24 54-5003. DEFINITIONS. As used in this chapter:
25 (1) "Heating, ventilation and air conditioning (HVAC)" means and includes
26 the business, trade, practice or work, materials and fixtures used in the
27 design, construction, installation, improvement, extension and alteration of
28 all piping, venting, ductwork, appliances and appurtenances in connection with
29 any heating, ventilation or air conditioning system or subsystems of such.
30 (2) "Heating, ventilation and air conditioning apprentice" means any per-
31 son who, as his principal occupation, is engaged in learning and assisting in
32 installation, improvement, extension, alteration or repair of HVAC systems. An
33 apprentice shall perform HVAC work under the supervision of an HVAC journeyman
34 or HVAC contractor.
35 (3) "Heating, ventilation and air conditioning contractor" means any per-
36 son who fabricates, installs, maintains, services and repairs warm air heating
37 and water heating systems, heat pumps, complete with warm air appliances
38 including, but not limited to, boilers, pool heaters, space heaters,
39 decorative gas and solid-fuel burning furnaces, and gas, propane, electric or
40 oil-fired water heaters; ventilating systems complete with blowers and plenum
41 chambers; air conditioning systems complete with air conditioning unit and the
42 ducts, registers, flues, humidity and thermostatic controls of air, liquid or
43 gas temperatures below fifty (50) degrees fahrenheit or ten (10) degrees
44 celsius, and air filters in connection with any of these systems.
45 (4) "Heating, ventilation and air conditioning journeyman" means any per-
46 son who, as his principal occupation, is engaged in the installation, improve-
47 ment, extension, alteration or repair of HVAC systems and who is familiar with
48 the provisions of this chapter and who works in the employ and under direction
49 of an HVAC contractor.
50 (5) "Heating, ventilation and air conditioning specialty contractor"
51 means any person who, as his principal occupation, is engaged in a specific
52 aspect of the heating, ventilation and air conditioning trade that includes,
53 but is not limited to, such aspects as gas piping, gas appliances and instal-
3
1 lation, or decorative gas-fired appliances.
2 (6) "Heating, ventilation and air conditioning system" means any heating,
3 ventilation or air conditioning system in a residential, private, public or
4 semipublic building or structure including, but not limited to, any mechanical
5 means of heating or air conditioning and to gas piping, venting, ductwork and
6 controls.
7 (7) "Local government" means any incorporated city or any county in the
8 state.
9 54-5004. IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD. (1) The
10 Idaho heating, ventilation and air conditioning board, referred to as the
11 board, is hereby created and made part of the division of building safety. It
12 shall be the responsibility and duty of the administrator of the division of
13 building safety to administer and enforce the provisions of this chapter, and
14 the board shall make, promulgate and publish such rules as may be necessary to
15 carry out the provisions of this chapter. Except as may be limited or prohib-
16 ited by law, such rules so made and promulgated shall have the force of stat-
17 ute.
18 (2) The board shall consist of seven (7) members appointed by the gover-
19 nor, with power of removal for cause. Members shall be appointed for a term of
20 three (3) years. Whenever a vacancy occurs, the governor shall forthwith
21 appoint a qualified person to fill the vacancy for the unexpired portion of
22 the term. All members of the board shall be United States citizens, residents
23 of this state for not less than two (2) years, and qualified by knowledge,
24 integrity and experience to properly perform the functions of the board. All
25 members of the board shall take, subscribe and file with the secretary of
26 state an oath of office in the form, manner and time as prescribed by chapter
27 4, title 59, Idaho Code.
28 (3) Of the seven (7) board members, two (2) members shall be active HVAC
29 contractors with not less than five (5) years' experience in the HVAC con-
30 tracting business; one (1) member shall be a city official; one (1) member
31 shall be a county official; one (1) member shall be a private sector mechani-
32 cal engineer with experience in mechanical system design; one (1) member of
33 the initial board shall be a contractor member of the Idaho electrical board
34 who shall serve a two (2) year term and thereafter the sixth board member
35 shall be a specialty contractor who shall serve a three (3) year term; and one
36 (1) member of the initial board shall be a contractor member of the Idaho
37 plumbing board who shall serve a two (2) year term and thereafter the seventh
38 board member shall be an HVAC contractor with not less than five (5) years'
39 experience in the HVAC contracting business who shall serve a three (3) year
40 term.
41 (4) The board shall meet within thirty (30) days after the appointment of
42 all its members and thereafter at such other times as may be expedient and
43 necessary for the proper performance of its duties. At the board's first meet-
44 ing, the members shall elect one (1) of their number to be chairman. A major-
45 ity of the board shall constitute a quorum for the transaction of business and
46 not less than two (2) quorum meetings shall be held each year. The board may
47 delegate to any member, or its chairman or other employees, the power to make
48 investigations and hold hearings at any place it may deem proper, and to
49 report findings to it; and may delegate to its chairman and employees the per-
50 formance of ministerial functions.
51 (5) Each member of the board shall be compensated as provided in section
52 59-509(h), Idaho Code.
53 54-5005. POWERS AND DUTIES OF THE BOARD -- LIMITATION. The board shall
4
1 have the general administration and supervision of the design, construction,
2 installation, improvement, extension and alteration of heating, ventilation
3 and air conditioning systems, except that which has been heretofore and here-
4 inafter exempted from the jurisdiction of this board, in connection with all
5 buildings, residences and structures in this state including buildings, resi-
6 dences and structures owned by the state or any political subdivision
7 thereof. The division of building safety shall enforce the minimum standards
8 and requirements therefor as provided by this chapter. The board may exercise
9 such powers and duties as are reasonably necessary to carry out the provisions
10 of this chapter, and it may, among other things:
11 (1) Establish the fees to be charged for permits and inspections of heat-
12 ing, ventilation and air conditioning systems under the jurisdiction of the
13 state.
14 (2) Hold public meetings and attend or be represented at such meetings,
15 within or without the state, prepare and publish rules pertaining to this
16 chapter, and such other information as may be necessary, and furnish copies
17 thereof to those engaged in the business, trade, practice or work of heating,
18 ventilation and air conditioning and to the public upon request.
19 The powers and duties of the board within the jurisdictional boundaries of
20 local governments that have chosen to adopt and enforce mechanical codes shall
21 be limited to those powers and duties needed to enforce the requirements gov-
22 erning a certificate of competency. Each local government that has chosen to
23 adopt and enforce mechanical codes shall establish fees to be charged for per-
24 mits and inspections within its jurisdiction.
25 54-5006. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY. The adminis-
26 trator shall exercise such powers and duties as are reasonably necessary to
27 enforce standards provided in this chapter, and he may, among other things:
28 (1) Serve as secretary to the Idaho heating, ventilation and air condi-
29 tioning board.
30 (2) Appoint state certificate of competency inspectors who shall be
31 authorized to enter and inspect by and through a properly identified person,
32 at reasonable hours, heating, ventilation and air conditioning systems.
33 (3) Summon witnesses to appear and testify before him on any matter
34 within the provisions of this chapter. No person shall be required to testify
35 outside the county wherein he resides or where his principal place of business
36 is located. Such summons to testify shall be issued and served in like manner
37 as a subpoena to witness issued from the district court, or in other manner
38 consistent with procedure of the division of building safety. In case any wit-
39 ness shall fail or refuse to appear and testify upon being summoned as herein
40 provided, the clerk of the district court of the county shall, upon demand by
41 said administrator or his designated agent, issue a subpoena reciting the
42 demand therefor and summoning the witness to appear and testify at a time and
43 place fixed. Violation of such subpoena or disobedience thereto shall be
44 deemed and punished as a violation of any other subpoena issued from the dis-
45 trict court.
46 (4) Administer oaths and take affirmations of witnesses appearing before
47 him; and have the power to appoint competent persons to issue subpoenas,
48 administer oaths and take testimony.
49 54-5007. REQUIREMENTS FOR CERTIFICATES OF COMPETENCY. The Idaho heating,
50 ventilation and air conditioning board shall provide standards and procedures
51 and prescribe reasonable rules for examination, qualification and certifica-
52 tion of heating, ventilation and air conditioning contractors, journeymen and
53 apprentices. HVAC contractors shall provide a bond in the amount of two thou-
5
1 sand dollars ($2,000) or evidence of such coverage by a corporate industry
2 group bond acceptable to the board.
3 54-5008. CERTIFICATE A PREREQUISITE. On and after July 1, 2004, it shall
4 be unlawful for any person or firm, copartnership, association or corporation
5 to engage in the business, trade, practice or work of heating, ventilation
6 and air conditioning in this state unless such person or responsible person
7 representing such firm, copartnership, association or corporation, has suc-
8 cessfully passed an examination as provided herein and has been issued a state
9 certificate of competency. Such certificate of competency shall not be trans-
10 ferable.
11 54-5009. CLASSIFICATION OF COMPETENCY. There shall be four (4) classifi-
12 cations of competency in the business, trade, practice or work of heating,
13 ventilation and air conditioning as follows:
14 (1) An apprentice shall be any person who, as his principal occupation,
15 is engaged in learning and assisting in the installation, improvement, exten-
16 sion and alteration or repair of HVAC systems. An apprentice shall not perform
17 HVAC work except under the supervision of an HVAC journeyman or HVAC contrac-
18 tor.
19 (2) A journeyman shall be any person who, as his principal occupation, is
20 engaged in the installation, improvement, extension and alteration or repair
21 of HVAC systems and who is familiar with the provisions of this chapter and
22 who works in the employ and under direction of an HVAC contractor and has suc-
23 cessfully completed all trade required classes as directed by the board.
24 (3) A heating, ventilation and air conditioning contractor shall be any
25 business, trade, copartnership, firm or association engaged in, but not lim-
26 ited to, the business, trade, practice or work of installing, maintaining or
27 repairing heating, ventilation or air conditioning appliances, or gas-fired
28 equipment that requires special venting or gas supply piping systems or sub-
29 systems in the state of Idaho.
30 (4) A heating, ventilation and air conditioning specialty contractor
31 shall be any person who, as his principal occupation, is engaged in a specific
32 aspect of the heating, ventilation and air conditioning trade that includes,
33 but is not limited to, such aspects as gas piping, gas appliances and instal-
34 lation, or decorative gas-fired appliances. A certificate of competency issued
35 for the installation of hearth and barbecue products shall include the author-
36 ity for all low voltage work necessary to complete the installations.
37 54-5010. EXAMINATIONS -- NOTIFICATION -- APPLICATION. (1) The Idaho heat-
38 ing, ventilation and air conditioning board shall establish by rule the
39 requirements as to education, continuing education and examinations relating
40 to classifications of competency.
41 (2) Times and places for examinations shall be determined by the board
42 and all applicants shall be notified thereof.
43 (3) All applications for examination shall be filed with the board on a
44 form provided by the board. When any person is designated and authorized to be
45 or act as an agent for the applicant, such authorization shall be in writing,
46 signed by the applicant and the person designated, a certified copy of which
47 shall be filed with the board. All applications shall expire and be canceled
48 after a period of one (1) year if the applicant fails to appear for examina-
49 tion within such period.
50 54-5011. CERTIFICATE OF COMPETENCY. On and after July 1, 2004, a certifi-
51 cate of competency in the form of a card shall be issued to an applicant upon
6
1 successful completion of the examination. The card shall include the holder's
2 name, classification for which the applicant was examined, the year for which
3 the card is current, the holder's signature, certificate number, and the sig-
4 nature of the administrator of the division of building safety.
5 54-5012. FEES FOR APPLICATION FOR EXAMINATION, CERTIFICATES OF COMPETENCY
6 AND REGISTRATION OF APPRENTICES.
7 (1) Application for examination.
8 (a) HVAC contractor................................................$35.00
9 (b) HVAC journeyman................................................$35.00
10 (2) Certificate of competency, initial issue, valid for one (1) year; or
11 may be issued at the annual rate for up to three (3) years.
12 (a) HVAC contractor................................................$75.00
13 (b) HVAC journeyman................................................$50.00
14 (3) Renewal of certificate of competency, valid for one (1) year.
15 (a) HVAC contractor................................................$50.00
16 (b) HVAC journeyman................................................$25.00
17 (4) Each apprentice is required to register annually. The annual regis-
18 tration fee is fifteen dollars ($15.00).
19 54-5013. CERTIFICATE EXPIRATION -- RENEWAL. (1) Certificates of compe-
20 tency shall expire twelve (12) calendar months from the date of issue, on the
21 last day of the month of the licensing period, unless renewed as provided in
22 this section, or unless sooner revoked or suspended.
23 (2) Renewal of a certificate may be requested within sixty (60) days
24 prior to the expiration date. Any certificate which has expired may be revived
25 at any time within one (1) year from the first day of the final month of the
26 licensing period, by payment of a thirty-five dollar ($35.00) revival fee in
27 addition to the full annual renewal fee.
28 54-5014. CERTIFICATE TO BE DISPLAYED AND CARRIED ON THE JOB. (1) All
29 holders of a valid certificate of competency for the classification of con-
30 tractor or specialty contractor shall display a sign or card for public view
31 in the holder's place of business.
32 (2) All journeymen and apprentices shall have their certificate of compe-
33 tency or annual registration card available at all times while on the job.
34 54-5015. EXCLUSIVE JURISDICTION OF THE STATE -- RESTRICTION ON REQUIRE-
35 MENT FOR ADDITIONAL LICENSES OR FEES. (1) Only the administrator of the divi-
36 sion of building safety of the state of Idaho is authorized and empowered to
37 conduct examinations and to pass upon the qualifications of applicants, and to
38 grant and issue certificates of competency and registration of apprentices to
39 such applicants as are found to be qualified to engage in the trade, business,
40 work or practice of heating, ventilation and air conditioning.
41 (2) No local jurisdiction shall have the authority to require additional
42 licensure or to require payment of any fees in order for any HVAC contractor,
43 journeyman or apprentice to engage in the heating, ventilation and air condi-
44 tioning trade within the local jurisdiction or to issue licenses to persons
45 certified or registered under the provisions of this chapter.
46 (3) Nothing in this chapter shall restrict a city or county from imposing
47 stricter public safety rules, notwithstanding any provision of Idaho Code.
48 54-5016. PERMITS REQUIRED -- EXCEPTION -- LOCAL GOVERNMENT FEES ALLOWED.
49 (1) On and after July 1, 2004, it shall be unlawful for any person, firm,
50 copartnership, association or corporation to do or cause to be done, whether
7
1 acting as principal, agent or employee, any construction, installation,
2 improvement, extension or alteration of any heating, ventilation or air condi-
3 tioning system, in any building, residence or structure in the state of Idaho,
4 without first obtaining a permit from the authority having jurisdiction,
5 authorizing such work to be done, except that no permit shall be required to
6 perform work related to repair or maintenance of an existing HVAC system.
7 (2) No provision of this chapter shall preclude local governments from
8 collecting fees for permits and inspections where such work is regulated and
9 enforced by city or county code or ordinance. Municipalities may also require
10 fees for permits and inspections in areas designated by local code or ordi-
11 nance as areas of city impact.
12 54-5017. PERMITS -- APPLICATION -- FEES. (1) On and after July 1, 2004,
13 any person, firm, copartnership, association or corporation entitled to
14 receive a permit, shall make application to the board on a form provided by
15 the board. The application shall require a description of the work proposed to
16 be done, the location, ownership and use of the premises.
17 (2) A fee as established by rule of the board shall be paid for each per-
18 mit issued and for each inspection required.
19 54-5018. INSPECTION BY AGENT. A designated, qualified, properly identi-
20 fied agent of the authority having jurisdiction shall inspect work performed
21 under each permit to ensure compliance with the provisions of this chapter and
22 rules as promulgated by the board, and applicable codes and ordinances as
23 adopted.
24 54-5019. APPROVAL AND CERTIFICATION OF INSPECTION. The inspector shall
25 either approve the portion of the work completed at the time of inspection, or
26 shall notify the permit holder of a failure to comply with the provisions of
27 this chapter or rules as promulgated by the board. When final inspection has
28 been made and the work is approved, the inspector shall certify to the permit
29 holder by securely attaching an inspector's tag to the equipment stating com-
30 pletion of the final inspection.
31 54-5020. REQUEST FOR INSPECTION -- FEE FOR REINSPECTION. (1) It shall be
32 the duty of the permit holder to notify the division of building safety at
33 least one (1) day prior to the desired inspection, Sundays and holidays
34 excluded, that the project is ready for inspection. If a reinspection is
35 required after the final inspection due to a failure to meet requirements of
36 this chapter, a fee not to exceed the actual cost of reinspection shall be
37 charged.
38 (2) Local governments that have adopted mechanical codes shall by ordi-
39 nance establish times within which permit holders shall notify the authority
40 of the desire for an inspection.
41 54-5021. APPOINTMENT AND QUALIFICATION OF INSPECTORS -- NO FINANCIAL
42 INTEREST. (1) The administrator of the division of building safety, or the
43 local government having jurisdiction, as the case may be, shall appoint such
44 number of inspectors as are necessary for the effective enforcement of this
45 chapter.
46 (2) All state mechanical inspectors shall be knowledgeable in HVAC
47 installations and demonstrate knowledge of the provisions of this chapter and
48 rules of the administrator and the board. All inspectors shall be certified by
49 rule of the HVAC board as a commercial mechanical inspector or a residential
50 mechanical inspector, depending upon the duties assigned.
8
1 (3) No inspector shall be permitted to be engaged or financially inter-
2 ested in business, trade, practice or work related to this chapter, or sell
3 any supplies connected to the HVAC business, nor act as an agent, directly or
4 indirectly, for any person, firm, copartnership, association or corporation so
5 engaged in HVAC. The qualifications and requirements as set forth in this sec-
6 tion shall apply to inspectors employed by a municipality.
7 (4) Each local government mechanical inspector shall be certified as a
8 mechanical inspector.
9 54-5022. VIOLATION -- MISDEMEANOR -- PENALTY. (1) It shall be a misde-
10 meanor for any person, firm, copartnership, association or corporation by and
11 through a member, representative or agent to:
12 (a) Engage in the business, trade, practice or work of HVAC without a
13 certificate of competency or without registration;
14 (b) Perform work without a permit as provided in this chapter;
15 (c) Violate any provision of this chapter or the rules made by both the
16 administrator of the division of building safety and the Idaho heating,
17 ventilation and air conditioning board;
18 (d) Refuse to perform any duty lawfully enjoined upon him by the adminis-
19 trator within the prescribed time; or
20 (e) Fail, neglect or refuse to obey any lawful order given or made by the
21 administrator.
22 (2) Such person, firm, copartnership, association or corporation shall
23 be subject to a fine of not less than ten dollars ($10.00) or more than three
24 hundred dollars ($300), or to imprisonment in the county jail not to exceed
25 thirty (30) days, or both. Each such violation shall constitute a separate
26 offense.
27 54-5023. ATTORNEY GENERAL -- PROSECUTING ATTORNEYS. It shall be the right
28 and duty of the attorney general or the prosecuting attorneys of the various
29 counties to represent and appear for the people of the state of Idaho and the
30 administrator of the division of building safety in all actions and proceed-
31 ings involving any question under this chapter or under any order or act of
32 the administrator and perform such other services as required.
33 54-5024. IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD FUND CRE-
34 ATED. All money received by the board or the division of building safety under
35 the terms and provisions of this chapter, shall be paid into the state trea-
36 sury as directed by the provisions of section 59-1014, Idaho Code, and shall
37 be placed, by the state treasurer, to the credit of the Idaho heating, venti-
38 lation and air conditioning board fund, which fund is hereby created as a ded-
39 icated fund. All such moneys hereafter placed in said fund, are hereby set
40 aside and perpetually appropriated to the division of building safety to carry
41 into effect the provisions of this chapter.
42 SECTION 2. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after its
44 passage and approval.
STATEMENT OF PURPOSE RS 13096 Currently the Heating Ventilation Air Conditioning contractors must deal with three Division of Building Safety agencies: Electrical Bureau, Plumbing Bureau, and Building Bureau. HVAC contractors have specialty licenses in Electrical and Plumbing Bureaus and their code is approved in Building Bureau. This legislation would create a HVAC Bureau dealing with the applicable codes addressing problems directly associated with HVAC. The Plumbing Bureau would "host" the development of the HVAC Bureau over a two (2) year period during which the funding would be accumulated to establish an independent bureau. Currently statute or rule does not cover the propane industry or the increasing problems associated with mold in homes and businesses. The industry has become highly technical in their sophisticated types of installations. The public would benefit from uniform installations and safety. FISCAL IMPACT No impact on the general fund. Contact: Name: Bob Corbell Phone: (208) 442-4423 STATEMENT OF PURPOSE/FISCAL NOTE S1133