2003 Legislation
Print Friendly

SENATE BILL NO. 1133 – Heating/air conditioning, installrs

SENATE BILL NO. 1133

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



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