2003 Legislation
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SENATE BILL NO. 1065 – Heating/air conditng syst installer

SENATE BILL NO. 1065

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S1065..........................................by COMMERCE AND HUMAN RESOURCES
HEATING, VENTILATION AND AIR CONDITIONING INSTALLERS - Adds to existing law to
create a new chapter for the regulation of installers of heating, ventilation
and air conditioning systems.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/07    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. 1065
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES 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  municipal
 39    ordinance.
                                                                        
 40        54-5002.  EXCEPTIONS. Certificate of competency requirements of this chap-
 41    ter shall not apply to:
                                                                        
                                           2
                                                                        
  1        (1)  Any  person  who installs or maintains a heating, ventilation and air
  2    conditioning system in a single or duplex family dwelling, including accessory
  3    buildings, quarters and grounds in connection  with  such  dwelling;  provided
  4    that such person owns or is a contract purchaser of the premises; and provided
  5    further  that such person shall comply with the standards and rules applicable
  6    to heating, ventilation and air conditioning installation or repairs  as  pro-
  7    vided in this chapter.
  8        (2)  Farm  buildings  located outside the incorporated limits of any city;
  9    and a farm is hereby defined to be an agricultural unit on which the owner  or
 10    occupant  resides  and  from which the owner or occupant derives his principal
 11    income and livelihood.
 12        (3)  Logging, mining or construction camps when  heating,  ventilation  or
 13    air  conditioning  installations are made to conform to the recommendations of
 14    the department of health and welfare.
 15        (4)  Work on heating, ventilation or air conditioning systems on  premises
 16    owned  or  operated  by  an employer who regularly employs maintenance or con-
 17    struction heating, ventilation and air conditioning journeymen, provided  that
 18    alterations,  extensions  and  new  construction shall comply with the minimum
 19    standards and rules applicable to heating, ventilation  and  air  conditioning
 20    practices in accordance with the provisions of this chapter.
 21        (5)  Heating,  ventilation  and air conditioning installations and repairs
 22    when installed in residential or business properties, provided the  same  when
 23    installed,  repaired  or completed, shall be inspected by a designated, quali-
 24    fied and properly identified agent of the division of building  safety  as  to
 25    quality  of  workmanship and compliance with the applicable provisions of this
 26    chapter.
                                                                        
 27        54-5003.  DEFINITIONS. As used in this chapter:
 28        (1)  "Heating, ventilation and air conditioning (HVAC)" means and includes
 29    the business, trade, practice or work, materials  and  fixtures  used  in  the
 30    design,  construction,  installation, improvement, extension and alteration of
 31    all piping, venting, ductwork, appliances and appurtenances in connection with
 32    any heating, ventilation or air conditioning system or subsystems of such.
 33        (2)  "Heating, ventilation and air conditioning apprentice" means any per-
 34    son who, as his principal occupation, is engaged in learning and assisting  in
 35    installation, improvement, extension, alteration or repair of HVAC systems. An
 36    apprentice shall perform HVAC work under the supervision of an HVAC journeyman
 37    or HVAC contractor.
 38        (3)  "Heating, ventilation and air conditioning contractor" means any per-
 39    son who fabricates, installs, maintains, services and repairs warm air heating
 40    and  water  heating  systems,  heat  pumps,  complete with warm air appliances
 41    including,  but  not  limited  to,  boilers,  pool  heaters,  space   heaters,
 42    decorative gas and solid-fuel burning fireplaces and stoves, and gas, propane,
 43    electric or oil-fired water heaters; ventilating systems complete with blowers
 44    and  plenum  chambers; air conditioning systems complete with air conditioning
 45    unit and the ducts, registers, flues, humidity and  thermostatic  controls  of
 46    air,  liquid  or  gas  temperatures below fifty (50) degrees fahrenheit or ten
 47    (10) degrees celsius, and air filters in connection with any of these systems.
 48        (4)  "Heating, ventilation and air conditioning journeyman" means any per-
 49    son who, as his principal occupation, is engaged in the installation, improve-
 50    ment, extension, alteration or repair of HVAC systems and who is familiar with
 51    the provisions of this chapter and who works in the employ and under direction
 52    of an HVAC contractor.
 53        (5)  "Heating, ventilation  and  air  conditioning  specialty  contractor"
 54    means  any  person  who, as his principal occupation, is engaged in a specific
                                                                        
                                           3
                                                                        
  1    aspect of the heating, ventilation and air conditioning trade  that  includes,
  2    but  is not limited to, such aspects as gas piping, gas appliances and instal-
  3    lation, or decorative gas-fired appliances. Such person shall also be an  HVAC
  4    contractor.
  5        (6)  "Heating, ventilation and air conditioning system" means any heating,
  6    ventilation  or  air  conditioning system in a residential, private, public or
  7    semipublic building or structure including, but not limited to, any mechanical
  8    means of heating or air conditioning and to gas piping, venting, ductwork  and
  9    controls.
                                                                        
 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 board shall consist of five (5) members appointed by  the  gover-
 20    nor, with power of removal for cause. Members shall be appointed for a term of
 21    three  (3)  years.  Whenever  a  vacancy  occurs, the governor shall forthwith
 22    appoint a qualified person to fill the vacancy for the  unexpired  portion  of
 23    the term.
 24        (3)  All  members  of the board shall be United States citizens, residents
 25    of this state for not less than two (2) years,  and  qualified  by  knowledge,
 26    integrity  and experience to properly perform the functions of the board. Four
 27    (4) members of the board shall be active HVAC contractors with not  less  than
 28    five  (5) years experience in the HVAC contracting business and one (1) member
 29    shall represent the consumer public-at-large, except that in two  (2)  of  the
 30    initial  appointments  to  the  board, the governor shall appoint a contractor
 31    member of the Idaho electrical board and a  contractor  member  of  the  Idaho
 32    plumbing  board,  each  to serve a two (2) year term that will subsequently be
 33    filled by an active HVAC contractor as provided herein.  All  members  of  the
 34    board  shall  take,  subscribe and file with the secretary of state an oath of
 35    office in the form, manner and time as prescribed  by  chapter  4,  title  59,
 36    Idaho Code.
 37        (4)  The board shall meet within thirty (30) days after the appointment of
 38    all  its  members  and  thereafter at such other times as may be expedient and
 39    necessary for the proper performance of its duties. At the board's first meet-
 40    ing, the members shall elect one (1) of their number to be chairman. A  major-
 41    ity of the board shall constitute a quorum for the transaction of business and
 42    not  less  than two (2) quorum meetings shall be held each year. The board may
 43    delegate to any member, or its chairman or other employees, the power to  make
 44    investigations  and  hold  hearings  at  any  place it may deem proper, and to
 45    report findings to it; and may delegate to its chairman and employees the per-
 46    formance of ministerial functions.
 47        (5)  Each member of the board shall be compensated as provided in  section
 48    59-509(h), Idaho Code.
                                                                        
 49        54-5005.  POWERS AND DUTIES OF THE BOARD. The board shall have the general
 50    administration  and  supervision  of  the  design, construction, installation,
 51    improvement, extension and alteration of heating, ventilation and  air  condi-
 52    tioning  systems,  except  that  which  has  been  heretofore  and hereinafter
 53    exempted from the jurisdiction of this board, in connection  with  all  build-
                                                                        
                                           4
                                                                        
  1    ings,  residences and structures in this state including buildings, residences
  2    and structures owned by the state or any political  subdivision  thereof.  The
  3    division  of  building safety shall enforce the minimum standards and require-
  4    ments therefor as provided by this chapter. The board may exercise such powers
  5    and duties as are reasonably necessary to carry out  the  provisions  of  this
  6    chapter, and it may, among other things:
  7        (1)  Establish the fees to be charged for permits and inspections of heat-
  8    ing, ventilation and air conditioning systems.
  9        (2)  Hold  public  meetings and attend or be represented at such meetings,
 10    within or without the state, prepare and  publish  rules  pertaining  to  this
 11    chapter,  and  such  other information as may be necessary, and furnish copies
 12    thereof to those engaged in the business, trade, practice or work of  heating,
 13    ventilation and air conditioning and to the public upon request.
                                                                        
 14        54-5006.  ADMINISTRATOR  OF  THE DIVISION OF BUILDING SAFETY. The adminis-
 15    trator shall exercise such powers and duties as are  reasonably  necessary  to
 16    enforce standards provided in this chapter, and he may, among other things:
 17        (1)  Serve  as  secretary to the Idaho heating, ventilation and air condi-
 18    tioning board.
 19        (2)  Appoint certificate of competency inspectors who shall be  authorized
 20    to  enter  and inspect by and through a properly identified person, at reason-
 21    able hours, heating, ventilation and air conditioning systems.
 22        (3)  Summon witnesses to appear and  testify  before  him  on  any  matter
 23    within  the provisions of this chapter. No person shall be required to testify
 24    outside the county wherein he resides or where his principal place of business
 25    is located. Such summons to testify shall be issued and served in like  manner
 26    as  a  subpoena  to witness issued from the district court, or in other manner
 27    consistent with procedure of the division of building safety. In case any wit-
 28    ness shall fail or refuse to appear and testify upon being summoned as  herein
 29    provided,  the  clerk of the district court of the county shall upon demand by
 30    said administrator or his designated agent,  issue  a  subpoena  reciting  the
 31    demand  therefor and summoning the witness to appear and testify at a time and
 32    place fixed. Violation of such  subpoena  or  disobedience  thereto  shall  be
 33    deemed  and punished as a violation of any other subpoena issued from the dis-
 34    trict court.
 35        (4)  Administer oaths and take affirmations of witnesses appearing  before
 36    him;  and  have  the  power  to  appoint competent persons to issue subpoenas,
 37    administer oaths and take testimony.
                                                                        
 38        54-5007.  REQUIREMENTS FOR CERTIFICATES OF COMPETENCY. The Idaho  heating,
 39    ventilation  and air conditioning board shall provide standards and procedures
 40    and prescribe reasonable rules for examination, qualification  and  certifica-
 41    tion  of heating, ventilation and air conditioning contractors, journeymen and
 42    apprentices. HVAC contractors shall provide a bond in the amount of two  thou-
 43    sand  dollars  ($2,000)  or  evidence of such coverage by a corporate industry
 44    group bond acceptable to the board.
                                                                        
 45        54-5008.  CERTIFICATE A PREREQUISITE. On and after July 1, 2004, it  shall
 46    be  unlawful for any person or firm, copartnership, association or corporation
 47    to engage in the business, trade, practice or work of heating, ventilation and
 48    air conditioning in this state unless such person or responsible person repre-
 49    senting such firm, copartnership, association or corporation, has successfully
 50    passed an examination as provided herein and has been issued a state  certifi-
 51    cate of competency. Such certificate of competency shall not be transferable.
                                                                        
                                           5
                                                                        
  1        54-5009.  CLASSIFICATION  OF COMPETENCY. There shall be four (4) classifi-
  2    cations of competency in the business, trade, practice  or  work  of  heating,
  3    ventilation and air conditioning as follows:
  4        (1)  An  apprentice  shall be any person, who as his principal occupation,
  5    is engaged in learning and assisting in the installation, improvement,  exten-
  6    sion and alteration or repair of HVAC systems. An apprentice shall not perform
  7    HVAC  work except under the supervision of an HVAC journeyman or HVAC contrac-
  8    tor.
  9        (2)  A journeyman shall be any person who, as his principal occupation, is
 10    engaged in the installation, improvement, extension and alteration  or  repair
 11    of  HVAC  systems  and who is familiar with the provisions of this chapter and
 12    who works in the employ and under direction of an HVAC contractor and has suc-
 13    cessfully completed all trade required classes as directed by the board.
 14        (3)  A heating, ventilation and air conditioning contractor shall  be  any
 15    business,  trade,  copartnership, firm or association engaged in, but not lim-
 16    ited to, the business, trade, practice or work of installing,  maintaining  or
 17    repairing  heating,  ventilation  or air conditioning appliances, or gas-fired
 18    equipment that requires special venting or gas supply piping systems  or  sub-
 19    systems in the state of Idaho.
 20        (4)  A  heating,  ventilation  and  air  conditioning specialty contractor
 21    shall be any HVAC contractor who, as his principal occupation, is engaged in a
 22    specific aspect of the heating, ventilation and air  conditioning  trade  that
 23    includes,  but  is  not limited to, such aspects as gas piping, gas appliances
 24    and installation, or decorative gas-fired appliances.
                                                                        
 25        54-5010.  EXAMINATIONS -- NOTIFICATION -- APPLICATION. (1) The Idaho heat-
 26    ing, ventilation and air  conditioning  board  shall  establish  by  rule  the
 27    requirements  as  to education, continuing education and examinations relating
 28    to classifications of competency.
 29        (2)  Times and places for examinations shall be determined  by  the  board
 30    and all applicants shall be notified thereof.
 31        (3)  All  applications  for examination shall be filed with the board on a
 32    form provided by the board. When any person is designated and authorized to be
 33    or act as an agent for the applicant, such authorization shall be in  writing,
 34    signed  by  the applicant and the person designated, a certified copy of which
 35    shall be filed with the board. All applications shall expire and  be  canceled
 36    after  a  period of one (1) year if the applicant fails to appear for examina-
 37    tion within such period.
                                                                        
 38        54-5011.  CERTIFICATE OF COMPETENCY. On and after July 1, 2004, a certifi-
 39    cate of competency in the form of a card shall be issued to an applicant  upon
 40    successful  completion of the examination. The card shall include the holder's
 41    name, classification for which the applicant was examined, the year for  which
 42    the  card is current, the holder's signature, certificate number, and the sig-
 43    nature of the administrator of the division of building safety.
                                                                        
 44        54-5012.  FEES FOR APPLICATION FOR EXAMINATION, CERTIFICATES OF COMPETENCY
 45    AND REGISTRATION OF APPRENTICES.
 46        (1)  Application for examination.
 47        (a)  HVAC contractor................................................$35.00
 48        (b)  HVAC journeyman................................................$35.00
 49        (2)  Certificate of competency, initial issue, valid for one (1) year;  or
 50    may be issued at the annual rate for up to three (3) years.
 51        (a)  HVAC contractor................................................$75.00
 52        (b)  HVAC journeyman................................................$50.00
                                                                        
                                           6
                                                                        
  1        (3)  Renewal of certificate of competency, valid for one (1) year.
  2        (a)  HVAC contractor................................................$50.00
  3        (b)  HVAC journeyman................................................$25.00
  4        (4)  Each  apprentice  is required to register annually. The annual regis-
  5    tration fee is fifteen dollars ($15.00).
                                                                        
  6        54-5013.  CERTIFICATE EXPIRATION -- RENEWAL. (1)  Certificates  of  compe-
  7    tency  shall expire twelve (12) calendar months from the date of issue, on the
  8    last day of the month of the licensing period, unless renewed as  provided  in
  9    this section, or unless sooner revoked or suspended.
 10        (2)  Renewal  of  a  certificate  may  be requested within sixty (60) days
 11    prior to the expiration date. Any certificate which has expired may be revived
 12    at any time within one (1) year from the first day of the final month  of  the
 13    licensing  period,  by payment of a thirty-five dollar ($35.00) revival fee in
 14    addition to the full annual renewal fee.
                                                                        
 15        54-5014.  CERTIFICATE TO BE DISPLAYED AND CARRIED  ON  THE  JOB.  (1)  All
 16    holders  of  a valid certificate of competency for the classification of  con-
 17    tractor or specialty contractor shall display a sign or card for  public  view
 18    in the holder's place of business.
 19        (2)  All journeymen and apprentices shall have their certificate of compe-
 20    tency or annual registration card available at all times while on the job.
                                                                        
 21        54-5015.  EXCLUSIVE  JURISDICTION  OF THE STATE -- RESTRICTION ON REQUIRE-
 22    MENT FOR ADDITIONAL LICENSES OR FEES. (1) Only the administrator of the  divi-
 23    sion  of  building safety of the state of Idaho is authorized and empowered to
 24    conduct examinations and to pass upon the qualifications of applicants, and to
 25    grant and issue certificates of competency and registration of apprentices  to
 26    such applicants as are found to be qualified to engage in the trade, business,
 27    work or practice of heating, ventilation and air conditioning.
 28        (2)  No  local jurisdiction shall have the authority to require additional
 29    licensure or to require payment of any fees in order for any HVAC  contractor,
 30    journeyman  or apprentice to engage in the heating, ventilation and air condi-
 31    tioning trade within the local jurisdiction or to issue  licenses  to  persons
 32    certified or registered under the provisions of this chapter.
 33        (3)  Nothing in this chapter shall restrict a city or county from imposing
 34    stricter public safety rules, notwithstanding any provision of Idaho Code.
                                                                        
 35        54-5016.  PERMITS  REQUIRED -- EXCEPTION -- MUNICIPAL FEES ALLOWED. (1) On
 36    and after July 1, 2004, it shall be unlawful for any person, firm,  copartner-
 37    ship,  association or corporation to do or cause to be done, whether acting as
 38    principal, agent or employee,  any  construction,  installation,  improvement,
 39    extension  or  alteration of any heating, ventilation or air conditioning sys-
 40    tem, in any building, residence or structure in the state  of  Idaho,  without
 41    first obtaining a permit from the division of building safety authorizing such
 42    work  to  be  done,  except  that  no permit shall be required to perform work
 43    related to repair or maintenance of an existing HVAC system.
 44        (2)  No provision of this chapter shall preclude municipalities, including
 45    those specially chartered, from collecting fees for  permits  and  inspections
 46    where  such  work is regulated and enforced by city code or ordinance. Munici-
 47    palities may also require fees for permits and inspections in areas designated
 48    by local code or ordinance as areas of city impact.
                                                                        
 49        54-5017.  PERMITS -- APPLICATION -- FEES. (1) On and after July  1,  2004,
 50    any  person,  firm,  copartnership,  association  or  corporation  entitled to
                                                                        
                                           7
                                                                        
  1    receive a permit, shall make application to the board on a  form  provided  by
  2    the board. The application shall require a description of the work proposed to
  3    be done, the location, ownership and use of the premises.
  4        (2)  A fee as established by rule of the board shall be paid for each per-
  5    mit  issued  and  for  each  inspection required. The inspection fee shall not
  6    exceed the cost of providing the inspection.
                                                                        
  7        54-5018.  INSPECTION BY AGENT. A designated, qualified,  properly  identi-
  8    fied  agent  of  the  division of building safety shall inspect work performed
  9    under each permit to ensure compliance with the provisions of this chapter and
 10    rules as promulgated by the board, and  applicable  codes  and  ordinances  as
 11    adopted.
                                                                        
 12        54-5019.  APPROVAL  AND  CERTIFICATION  OF INSPECTION. The inspector shall
 13    either approve the portion of the work completed at the time of inspection, or
 14    shall notify the permit holder of a failure to comply with the  provisions  of
 15    this  chapter  or rules as promulgated by the board. When final inspection has
 16    been made and the work is approved, the inspector shall certify to the  permit
 17    holder  by securely attaching an inspector's tag to the equipment stating com-
 18    pletion of the final inspection.
                                                                        
 19        54-5020.  REQUEST FOR INSPECTION -- FEE FOR REINSPECTION. It shall be  the
 20    duty  of  the permit holder to notify the division of building safety at least
 21    one (1) day prior to the desired inspection, Sundays  and  holidays  excluded,
 22    that  the project is ready for inspection. If a reinspection is required after
 23    the final inspection due to a failure to meet requirements of this chapter,  a
 24    fee not to exceed the actual cost of reinspection shall be charged.
                                                                        
 25        54-5021.  APPOINTMENT  AND  QUALIFICATION  OF  INSPECTORS  -- NO FINANCIAL
 26    INTEREST. (1) The administrator of  the  division  of  building  safety  shall
 27    appoint  such number of inspectors as are necessary for the effective enforce-
 28    ment of this chapter. Inspectors shall have  five  (5)  years  experience,  be
 29    skilled  in HVAC installations, have a current certificate of competency prior
 30    to appointment, demonstrate knowledge of the provisions of  this  chapter  and
 31    rules of the administrator and the board.
 32        (2)  No  inspector  shall be permitted to be engaged or financially inter-
 33    ested in business, trade, practice or work related to this  chapter,  or  sell
 34    any  supplies connected to the HVAC business, nor act as an agent, directly or
 35    indirectly, for any person, firm, copartnership, association or corporation so
 36    engaged in HVAC. The qualifications and requirements as set forth in this sec-
 37    tion shall apply to inspectors employed by a municipality.
                                                                        
 38        54-5022.  VIOLATION -- MISDEMEANOR -- PENALTY. (1) It shall  be  a  misde-
 39    meanor  for any person, firm, copartnership, association or corporation by and
 40    through a member, representative or agent to:
 41        (a)  Engage in the business, trade, practice or work  of  HVAC  without  a
 42        certificate of competency or without registration;
 43        (b)  Perform work without a permit as provided in this chapter;
 44        (c)  Violate  any  provision of this chapter or the rules made by both the
 45        administrator of the division of building safety and  the  Idaho  heating,
 46        ventilation and air conditioning board;
 47        (d)  Refuse to perform any duty lawfully enjoined upon him by the adminis-
 48        trator within the prescribed time; or
 49        (e)  Fail, neglect or refuse to obey any lawful order given or made by the
 50        administrator.
                                                                        
                                           8
                                                                        
  1        (2)  Such   person,  firm, copartnership, association or corporation shall
  2    be subject to a fine of not less than ten dollars ($10.00) or more than  three
  3    hundred  dollars  ($300),  or to imprisonment in the county jail not to exceed
  4    thirty (30) days, or both. Each such violation  shall  constitute  a  separate
  5    offense.
                                                                        
  6        54-5023.  ATTORNEY GENERAL -- PROSECUTING ATTORNEYS. It shall be the right
  7    and  duty  of the attorney general or the prosecuting attorneys of the various
  8    counties to represent and appear for the people of the state of Idaho and  the
  9    administrator  of  the division of building safety in all actions and proceed-
 10    ings involving any question under this chapter or under any order  or  act  of
 11    the administrator and perform such other services as required.
                                                                        
 12        54-5024.  IDAHO  HEATING, VENTILATION AND AIR CONDITIONING BOARD FUND CRE-
 13    ATED. All money received by the board or the division of building safety under
 14    the terms and provisions of this chapter, shall be paid into the  state  trea-
 15    sury  monthly,  and  shall be placed, by the state treasurer, to the credit of
 16    the Idaho heating, ventilation and air conditioning board fund, which fund  is
 17    hereby  created  as a dedicated fund. All such moneys hereafter placed in said
 18    fund, are hereby set aside and perpetually appropriated  to  the  division  of
 19    building safety to carry into effect the provisions of this chapter.
                                                                        
 20        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 21    declared to exist, this act shall be in full force and effect on and after its
 22    passage and approval.

Statement of Purpose / Fiscal Impact


                                   
                      STATEMENT OF PURPOSE
                                
                            RS 12754

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 Impact                S 106