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H0527...........................................................by BUSINESS PLUMBING BOARD - Amends existing law to authorize the Idaho Plumbing Board to establish, by rule, civil penalties and an appeals process; to authorize the board to affirm, reject, decrease or, within a limit, increase the penalty imposed; to authorize the administrator to impose civil penalties and to file suit for injunctive relief; and to provide that certificates of competency and apprentice registrations may be in the immediate vicinity of the worksite during working hours if not carried on the person. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to Bus 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 47-18-5 AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Kellogg, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills NAYS -- Barrett, Bauer, Bedke, Bradford, Clark, Eskridge, Harwood, Kulczyk, Lake, Langford, McKague, Moyle, Nielsen, Ridinger, Sali, Shirley, Trail, Wood Absent and excused -- Crow, Eberle, Jones, Schaefer, Mr. Speaker Floor Sponsor - Gagner Title apvd - to Senate 03/01 Senate intro - 1st rdg - to Com/HuRes 03/10 Rpt out - rec d/p - to 2nd rdg 03/11 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand), Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Malepeai Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed - Pres signed 03/22 To Governor 03/24 Governor signed Session Law Chapter 311 Effective: 03/24/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 527 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO PLUMBERS AND PLUMBING; AMENDING SECTION 54-2606, IDAHO CODE, TO 3 AUTHORIZE THE IDAHO PLUMBING BOARD TO ESTABLISH BY RULE CIVIL PENALTIES 4 AND AN APPEALS PROCESS, TO AUTHORIZE THE BOARD TO AFFIRM, REJECT, 5 DECREASE, OR WITHIN A LIMIT, INCREASE THE PENALTY IMPOSED AND TO MAKE 6 TECHNICAL CORRECTIONS; AMENDING SECTION 54-2607, IDAHO CODE, TO AUTHORIZE 7 THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY TO IMPOSE CIVIL PEN- 8 ALTIES AND TO FILE SUIT FOR INJUNCTIVE RELIEF AND TO MAKE TECHNICAL COR- 9 RECTIONS; AMENDING SECTION 54-2618, IDAHO CODE, TO PROVIDE THAT CERTIFI- 10 CATES OF COMPETENCY AND APPRENTICE REGISTRATIONS MAY BE IN THE IMMEDIATE 11 VICINITY OF THE WORK SITE DURING WORKING HOURS IF NOT CARRIED ON THE PER- 12 SON; AND DECLARING AN EMERGENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 54-2606, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-2606. POWERS AND DUTIES -- EXECUTIVE OFFICERS -- EMPLOYEES -- COMPEN-17 SATION -- TENUREOF THE IDAHO PLUMBING BOARD. (1) The board shall have the 18 general administration and supervision of the design, construction, installa- 19 tion, improvement, extension and alteration of plumbing and plumbing systems, 20 except that which has been heretofore and hereinafter exempted from the juris- 21 diction of this board, in connection with all buildings, residences and struc- 22 tures in this state including buildings, residences and structures owned by 23 the state or any political subdivision thereof. 24 (2) The division of building safety shall enforce the minimum standards 25 and requirements therefor as provided by this actchapter. 26 (3) The board may exercise such powers and duties as are reasonably nec- 27 essary to carry out the provisions of this actchapter, and it may among other 28 things: 29 (a) Establish the fees to be charged for permits and inspections of 30 plumbing systems. 31 (b) Hold public meetings and attend or be represented at such meetings, 32 within or without the state, prepare and publish rules pertaining to this 33 actchapter, and such other information as may be necessary, and furnish 34 copies thereof to those engaged in the business, trade, practice or work 35 of plumbing and pipe fittingpipefitting and to the public upon request. 36 (c) Furnish standards and procedures and prescribe reasonable rules for 37 examinations, qualification and certification of plumbing contractors and 38 journeymen and apprentice plumbers not herein prescribed, including the 39 furnishing of a compliance bond in an amount not to exceed two thousand 40 dollars ($2,000) for the contractor classification or evidence of such 41 coverage by a corporate industry group bond acceptable to the board. 42 (d) Furnish standards and procedures and prescribe reasonable rules to 43 provide for the certification of specialty contractors, specialty journey- 2 1 men, and specialty apprentices, including the furnishing of a compliance 2 bond in an amount not to exceed two thousand dollars ($2,000) for the spe- 3 cialty contractor classification or evidence of coverage by a corporate 4 industry group bond acceptable to the board. 5 (e) Establish by administrative rule civil penalties not to exceed one 6 thousand dollars ($1,000) for each count or separate offense, to be paid 7 for violations of this chapter and rules of the Idaho plumbing board; and 8 to establish by administrative rule the process by which appeals from the 9 imposition of civil penalties may be heard. The board is authorized to 10 affirm, reject, decrease or increase the penalty imposed; however, the 11 board shall not increase any penalty imposed to an amount exceeding one 12 thousand dollars ($1,000) for each individual count or separate offense. 13 SECTION 2. That Section 54-2607, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 54-2607. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY -- POWERS AND 16 DUTIES. (1) The administrator shall exercise such powers and duties as are 17 reasonably necessary to enforce the minimum standards provided in this act18 chapter, and he may among other things: 19 (a) Prescribe and establish procedures to effectuate the efficient 20 enforcement of this actchapter not herein prescribed. 21 (b) Serve as secretary to the Idaho plumbing board. 22 (c) Appoint licensed staff inspectors who shall be authorized to enter 23 and inspect by and through a properly identified person, at reasonable 24 hours, plumbing and plumbing systems. 25 (d) Summon witnesses to appear and testify before him on any matter 26 within the provisions of this actchapter. No person shall be required to 27 testify outside the county wherein he resides or where his principal place 28 of business is located. Such summons to testify shall be issued and served 29 in like manner as a subpoena to witness issued from the district court, or 30 in other manner consistent with the procedure of the division of building 31 safety. In case any witness shall fail or refuse to appear and testify 32 upon being summoned as herein provided, the clerk of the district court of 33 the county shall upon demand by the administrator or his designated agent, 34 issue a subpoena reciting the demand therefor and summoning the witness to 35 appear and testify at a time and place fixed. Violation of such subpoena 36 or disobedience thereto shall be deemed and punished as a violation of any 37 other subpoena issued from the district court. 38 (e) Administer oaths and take affirmations of witnesses appearing before 39 him; and have the power to appoint competent persons to issue subpoenas, 40 administer oaths and take testimony. 41 (f) Impose civil penalties as provided in this chapter and the rules of 42 the Idaho plumbing board. 43 (g) In addition to any other penalties specified in this chapter, when- 44 ever any person violates the provisions of this chapter and the rules of 45 the Idaho plumbing board, the administrator may maintain an action in the 46 name of the state of Idaho to enjoin that person from any further viola- 47 tions. Such action may be brought either in the county in which the acts 48 are claimed to have been or are being committed, or in the county where 49 the defendant resides, or in Ada county. 50 (i) Upon the filing of a certified complaint in the district court, 51 the court, if satisfied that the acts complained of have been, or 52 probably are being, or may be committed, may issue a temporary 53 restraining order, or a preliminary injunction, or both, without 3 1 bond, enjoining the defendant from the commission of any such act or 2 acts constituting the violation. 3 (ii) A copy of the complaint shall be served upon the defendant and 4 the proceedings shall thereafter be conducted as in other similar 5 civil actions. 6 (iii) If the commission of the act or acts is established, the court 7 shall enter a decree permanently enjoining the defendant from commit- 8 ting such act or acts. If an injunction issued under the provisions 9 of this section is violated, the court, or the judge thereof at cham- 10 bers, may summarily try and punish the offender for contempt of 11 court. 12 (2) It shall be the duty of the administrator to give notice to cities 13 which supply sewer service to areas outside their city limits and who have 14 requested in writing such notice from the administrator of all permits issued 15 relative to sewer installations. The notice shall be given within ten (10) 16 days from the date the permit was requested for such installation. The notice 17 shall contain a map of the physical location of the installation and reference 18 to the date of inspection if the city so requests. 19 SECTION 3. That Section 54-2618, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 54-2618. CERTIFICATE TO BE DISPLAYED AND CERTIFICATES OF COMPETENCY AND 22 REGISTRATION CARRIED OR IN VICINITY OF WORK SITE. All holders of valid certif- 23 icates in the contractor and specialty contractor classifications shall dis- 24 play a sign or card, upon a form prescribed and furnished by the division of 25 building safety, for public view in their place of business. All journeymen 26 and specialty journeymen shall have their certificate of competency on their 27 persons or in the immediate vicinity of the work site during working hours. 28 their certificate of competency, and aApprentices and specialty apprentices 29 shall have evidence of registration on their persons evidence of registration30 or in the immediate vicinity of the work site during working hours. 31 SECTION 4. An emergency existing therefor, which emergency is hereby 32 declared to exist, this act shall be in full force and effect on and after its 33 passage and approval.
STATEMENT OF PURPOSE RS 13520 To provide authority for the board to adopt rules concerning civil penalties and appeals from those penalties; to provide authority for the administrator of the Division of Building Safety to impose civil penalties and maintain actions seeking injunctive relief; and to provide clarification of requirements pertaining to the carrying of certificates. FISCAL IMPACT There will be no fiscal impact on the general fund. The revenues generated for the Plumbing Bureau Dedicated Fund are anticipated to be minimal. CONTACT Name: Dave Munroe, Administrator Agency: Division of Building Safety Phone: (208) 332-7100 Statement of Purpose/Fiscal Impact H 527