Print Friendly HOUSE BILL NO. 585 – Modular bldgs/out of state/inspectn
HOUSE BILL NO. 585
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MODULAR BUILDINGS - Amends and adds to existing law to provide that modular
buildings or manufactured homes being built for shipment out of state shall
be inspected with regard to certain life safety codes.
01/30 House intro - 1st rdg - to printing
02/02 Rpt prt - to Bus
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 65-3-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Schaefer, Shepherd, Skippen, Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- Kulczyk, Langford, Smith(30)
Absent and excused -- Gagner, Shirley
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Com/HuRes
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 27-7-1
AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Compton,
Darrington, Davis, Gannon, Geddes, Hill, Ingram, Kennedy, Keough,
Little, Lodge, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Sweet, Werk, Williams
NAYS -- Bailey, Burkett, Calabretta, Goedde, Malepeai, Marley,
Absent and excused -- Stennett
Floor Sponsor - Cameron
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 250
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 585
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO INSPECTIONS OF MODULAR BUILDINGS OR MANUFACTURED HOUSING; AMENDING
3 SECTION 39-4103, IDAHO CODE, TO PROVIDE AN EXEMPTION TO MODULAR BUILDINGS
4 IF CERTAIN CIRCUMSTANCES OCCUR; AMENDING SECTION 39-4105, IDAHO CODE, TO
5 REVISE THE DEFINITION OF "MODULAR BUILDING"; AMENDING SECTION 39-4107,
6 IDAHO CODE, TO PROVIDE POWERS AND DUTIES OF THE ADMINISTRATOR OF BUILDING
7 SAFETY; AMENDING CHAPTER 10, TITLE 54, IDAHO CODE, BY THE ADDITION OF A
8 NEW SECTION 54-1001D, IDAHO CODE, TO PROVIDE FOR INSPECTIONS OF MODULAR
9 BUILDINGS; AMENDING SECTION 54-1005, IDAHO CODE, TO PROVIDE THAT THE
10 ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY MAY MAKE ELECTRICAL
11 INSPECTIONS FOR ANOTHER STATE OR LOCAL JURISDICTION UNDER CERTAIN CIRCUM-
12 STANCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1016,
13 IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE AN EXEMPTION TO
14 CERTAIN MODULAR BUILDINGS; AMENDING SECTION 54-2602, IDAHO CODE, TO PRO-
15 VIDE AN EXCEPTION TO A MODULAR BUILDING AND TO MAKE TECHNICAL CORRECTIONS;
16 AMENDING SECTION 54-2607, IDAHO CODE, TO PROVIDE ADDITIONAL POWERS AND
17 DUTIES TO THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY; AMENDING
18 CHAPTER 26, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
19 54-2622A, IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR OF THE DIVISION OF
20 BUILDING SAFETY MAY INSPECT PLUMBING SYSTEMS OF ANY MODULAR BUILDING UPON
21 WRITTEN REQUEST FROM THE MANUFACTURER; AND DECLARING AN EMERGENCY.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 39-4103, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-4103. SCOPE -- EXEMPTIONS. (1) This chapter authorizes the state divi-
26 sion of building safety and local governments to adopt and enforce building
27 codes pursuant to the provisions of this chapter.
28 (2) All buildings and other facilities owned by any state government
29 agency or entity, including those owned, constructed or financed by the Idaho
30 state building authority, shall conform to the codes adopted in this chapter,
31 chapter 2, title 41, Idaho Code, chapter 26, title 54, Idaho Code, and chapter
32 10, title 54, Idaho Code, and shall be subject to the jurisdiction of the
33 state division of building safety and the state fire marshal for purposes of
34 all plan reviews, permitting and inspections. In performing such plan reviews,
35 permitting and inspections, the division of building safety and the state fire
36 marshal shall route building plans to affected local government agencies, and
37 shall take into consideration local government comments and ordinances and
38 shall promptly notify the local jurisdictions of actions taken and the reasons
39 therefor, and transmit to the local jurisdictions copies of final building
41 (3) All buildings and other facilities owned by anyone other than state
42 government agencies or entities which are constructed or renovated specifi-
43 cally for use or occupancy by any state agency or entity shall conform to all
1 state adopted codes and standards. Nothing in this subsection shall limit the
2 authority of local governments to issue permits, review plans and provide a
3 full range of building code enforcement activities for such buildings.
4 (4) The following is are exempt from the provisions of this chapter:
5 (a) Equipment used primarily for industrial chemical process purposes and
6 for mineral extraction and mineral processing purposes. This exemption
7 shall not include the erection and fabrication of new boilers, pressure
8 vessels and other equipment as required to condition the building for per-
9 sonnel comfort and safety. Equipment in this regard shall mean and shall
10 be limited to facilities or installations for heating, ventilating, air
11 conditioning, refrigerating equipment, elevators, dumbwaiters, escalators,
12 and boilers and pressure vessels associated with building heating systems.
13 (b) Modular buildings as defined in subsection (12) of section 39-4105,
14 Idaho Code, that are constructed in the state of Idaho for installation on
15 building sites outside the state; provided however, that no modular build-
16 ing shall be installed on a building site in the state of Idaho until it
17 has been approved and bears the insignia of approval of the division as
18 being in compliance with the requirements set forth in section 39-4121,
19 Idaho Code.
20 SECTION 2. That Section 39-4105, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 39-4105. DEFINITIONS. As used in this chapter, the terms defined in this
23 section shall have the following meanings, unless the context clearly indi-
24 cates another meaning. Where terms are not defined in this chapter and are
25 defined in the currently adopted International Building Code published by the
26 International Code Council, such terms shall have the meanings ascribed to
27 them in that code:
28 (1) "Administrator" means the administrator of the division of building
29 safety for the state of Idaho.
30 (2) "Board" means the Idaho building code board, herein created.
31 (3) "Building inspector" means a person who inspects buildings or struc-
32 tures for compliance with the provisions of this chapter.
33 (4) "Closed construction" means any manufactured building or building
34 component which may enclose factory installed structural, mechanical, electri-
35 cal or plumbing systems and is not open for visual inspection at the building
37 (5) "Commercial coach" means a modular building equipped with the neces-
38 sary service connections and made so as to be readily movable as a unit on its
39 own running gear and originally designated to be used without a permanent
41 (6) "Construction" means the erection, fabrication, reconstruction, demo-
42 lition, alteration, conversion, or repair of a building, or the installation
43 of equipment therein normally a part of the structure.
44 (7) "Division" means the state of Idaho division of building safety.
45 (8) "International Fire Code" means the International Fire Code as pub-
46 lished by the International Code Council.
47 (9) "Local government" means any city or county of this state.
48 (10) "Manufactured home" means a structure, constructed after June 15,
49 1976, in accordance with the HUD manufactured home construction and safety
50 standards, and is transportable in one (1) or more sections, which, in the
51 traveling mode, is eight (8) body feet or more in width or is forty (40) body
52 feet or more in length, or when erected on site, is three hundred twenty (320)
53 or more square feet, and which is built on a permanent chassis and designed to
1 be used as a dwelling with or without a permanent foundation when connected to
2 the required utilities, and includes the plumbing, heating, air conditioning,
3 and electrical systems contained therein, except that such term shall include
4 any structure which meets all the requirements of this paragraph except the
5 size requirements and with respect to which the manufacturer voluntarily files
6 a certification required by the secretary of housing and urban development and
7 complies with the standards established under 42 U.S.C. section 5401 et seq.
8 (11) "Mobile home" means a factory-assembled structure or structures gen-
9 erally constructed prior to June 15, 1976, and equipped with the necessary
10 service connections and made so as to be readily movable as a unit or units on
11 their own running gear and designed to be used as a dwelling unit or units
12 with or without a permanent foundation.
13 (12) "Modular building" means any building or building component, other
14 than a manufactured or mobile home, which is constructed according to codes
15 and standards adopted by the division of building safety, which is of closed
16 construction and is either entirely or substantially prefabricated or assem-
17 bled at a place other than the building site.
18 (13) "Telecommunications facilities" means all wires, cables, equipment,
19 apparatus or other installations necessary to furnish service, by which there
20 is accomplished or may be accomplished, the sending or receiving of informa-
21 tion, data, message writing signs, signals, pictures, and sounds of all kinds,
22 by aid of such wires, cables, equipment, apparatus or other installations, but
23 shall not include the habitable structure in which such telecommunications
24 facilities are housed.
25 SECTION 3. That Section 39-4107, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-4107. POWERS AND DUTIES. (1) The board shall continually study the
28 operation of adopted codes, standards and rules relating to the construction
29 of buildings or facilities under the jurisdiction of the division to ascertain
30 their effect upon the public safety and shall support an ongoing effort to
31 promote the uniform adoption, application and interpretation of safety, acces-
32 sibility and building codes statewide. The board shall have the authority to
33 adopt and enforce the codes specified in section 39-4109, Idaho Code, or later
34 editions of such codes, and to promulgate rules in accordance with chapter 52,
35 title 67, Idaho Code, to implement the provisions of this chapter.
36 (2) The board shall function as a board of appeals for the division as
37 prescribed in the adopted building code. The board shall have no authority to
38 waive any requirements of the codes enumerated in this chapter or in rules
39 promulgated pursuant to this chapter. Provided further:
40 (a) The decisions of the board shall be final, and the board shall render
41 all decisions and findings in writing to the appellant and the administra-
42 tor within ten (10) working days of the conclusion of a hearing; and
43 (b) For each appeal brought before the board, the chairman shall appoint
44 not less than three (3) members of the board to hear the appeal and render
45 a decision and finding in the name of the board.
46 (3) The board shall utilize experts, consultants, and technical advisors
47 for assistance and recommendations relative to codes, standards, and appeals.
48 (4) The administrator may make building code inspections for another
49 state or local jurisdiction upon request by an appropriate building official.
50 Such inspections shall be made in accordance with the applicable building
51 codes of the requesting jurisdiction. Fees charged for such inspection ser-
52 vices shall be as provided in rules promulgated by the board pursuant to chap-
53 ter 52, title 67, Idaho Code.
1 (5) Notwithstanding the exemptions provided in subsection (4)(b) of sec-
2 tion 39-4103, Idaho Code, the administrator may make inspections of modular
3 buildings constructed in Idaho upon written request from the manufacturer.
4 (a) Such inspections shall be made in accordance with the codes adopted
5 in this chapter.
6 (b) Inspection fees shall be as promulgated in board rule and shall be
7 paid prior to the inspection.
8 (c) The administrator of the division of building safety may issue an
9 insignia of approval if the buildings are in compliance with the require-
10 ments set forth in section 39-4121, Idaho Code.
11 SECTION 4. That Chapter 10, Title 54, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 54-1001D, Idaho Code, and to read as follows:
14 54-1001D. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL
15 AND CERTIFICATION. (1) Notwithstanding the exemption provided in subsection
16 (1)(c) of section 54-1016, Idaho Code, the administrator of the division of
17 building safety may make electrical inspections of any modular building upon
18 written request from the manufacturer.
19 (a) Inspections shall be made in accordance with the codes adopted in
20 this chapter.
21 (b) Inspection fees shall be as promulgated in board rule and shall be
22 paid prior to the inspection.
23 (c) The administrator may issue inspection tags for inspections if the
24 buildings are in compliance with the codes adopted in this chapter.
25 (2) The administrator of the division of building safety is hereby autho-
26 rized to make inspections of electrical installations as set forth herein and
27 to issue inspection tags covering such installations.
28 SECTION 5. That Section 54-1005, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-1005. RULES -- INSPECTIONS -- INSPECTION TAGS AND FEES. (1) The admin-
31 istrator of the division of building safety is hereby authorized and directed
32 to enforce rules consistent with this act for the administration of this act
33 and to effectuate the purposes thereof, and for the examination and licensing
34 of electrical contractors, journeyman electricians, master electricians, spe-
35 cialty electricians, specialty electrical contractors, specialty electrical
36 trainees and apprentice electricians, s all such and to make inspections of
37 electrical installations referred to in section 54-1001, Idaho Code, and to
38 issue inspection tags covering such installations, and to collect the fees
39 established therefor.
40 (2) The administrator of the division of building safety may make elec-
41 trical inspections for another state or local jurisdiction upon request by an
42 appropriate building official. Such inspections shall be made in accordance
43 with the applicable electrical codes of the requesting jurisdiction. Fees
44 charged for such inspection services shall be as provided in the rules promul-
45 gated by the board.
46 (3) Individuals, firms, cooperatives, corporations, or municipalities
47 selling electricity, hereinafter known as the power supplier, shall not con-
48 nect with or energize any electrical installation, coming under the provisions
49 of this act, unless the owner or a licensed electrical contractor has deliv-
50 ered to the power supplier an inspection tag, issued by the administrator,
51 covering the installation to be energized. Immediately after an installation
1 has been energized, the power supplier shall deliver to the administrator or
2 his authorized agent, the inspection tag covering such installation.
3 ( 34) It shall be unlawful for any person, partnership, company, firm,
4 association or corporation other than a power supplier, to energize any elec-
5 trical installation coming under the provisions of this act unless an applica-
6 tion for an electrical inspection tag, covering such installation, together
7 with the inspection fee herein provided, has been forwarded to the administra-
9 SECTION 6. That Section 54-1016, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-1016. EXEMPTIONS. (1) Nothing in this act chapter shall be deemed to
12 apply to:
13 (a) T the installation or maintenance of communication circuits, wires and
14 apparatus; nor to
15 (b) A any electrical public utility, or its employees, in the installation
16 and maintenance of electrical wiring, circuits, apparatus and equipment by
17 or for such public utility, or comprising a part of its plants, lines or
19 (c) Modular buildings as defined in section 39-4105, Idaho Code, that are
20 constructed in the state of Idaho for installation on building sites out-
21 side the state; provided however, that no modular building shall be
22 installed on a building site in the state of Idaho until it has been
23 approved and bears the insignia of approval of the division as being in
24 compliance with the requirements set forth in section 39-4121, Idaho Code.
25 (2) The licensing provisions of this act chapter shall not apply to per-
26 sons making electrical installations on their own property or to regularly
27 employed maintenance electricians working on the premises of their employer.
28 SECTION 7. That Section 54-2602, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-2602. EXCEPTIONS. Certificate of competency requirements of this act
31 chapter shall not be deemed to apply to:
32 (a) Any person who does plumbing work in a single or duplex family dwell-
33 ing, including accessory buildings, quarters and grounds in connection with
34 such dwelling; provided that such person owns or is a contract purchaser of
35 the premises, and provided further that such person shall comply with the min-
36 imum standards and rules applicable to plumbing practices provided by this act
38 (b) Farm buildings located outside the incorporated limits of any city
39 unless such buildings are connected to a public water or sewer system; and a
40 farm is hereby defined to be an agricultural unit on which the owner or occu-
41 pant resides and from which the owner or occupant derives his principal income
42 and livelihood.
43 (c) Logging, mining or construction camps when plumbing installations are
44 made to conform with the recommendations of the department of health and wel-
46 (d) Piping systems in industrial processing plants located outside the
47 incorporated limits of any city unless such systems are connected to a public
48 water or sewer system.
49 (e) Work on plumbing systems on premises owned or operated by an employer
50 who regularly employs maintenance or construction plumbers, provided that
51 alterations, extensions and new construction shall comply with the minimum
1 standards and rules applicable to plumbing practices provided by this act
3 (f) Nothing contained in this section or any other provision of this code
4 shall be construed or applied to require a sewer contractor, sewage disposal
5 contractor, or any excavating or utility contractor who generally engages in
6 the business of installing, altering or repairing sewers, private and public
7 sewage disposal systems, and water distribution and/or drainage lines outside
8 the foundation walls of any building or structure, to obtain a valid
9 contractor's certificate of competency or to employ only journeymen plumbers
10 possessing a valid journeyman plumber's certificate of competency or registra-
11 tion, or to in any way require that his employees be registered, licensed or
12 declared competent by the board.
13 (g) Water treatment installations and repairs when installed in residen-
14 tial or business properties, provided the same when installed, repaired or
15 completed, shall be inspected by a designated, qualified and properly identi-
16 fied agent of the division of building safety as to quality of workmanship and
17 compliance with the applicable provisions of this act chapter.
18 (h) Plumbing work within modular buildings as defined in section 39-4105,
19 Idaho Code, that are constructed in the state of Idaho for installation on
20 building sites outside the state; provided however, that no modular building
21 shall be installed on a building site in the state of Idaho until it has been
22 approved and bears the insignia of approval of the division as being in com-
23 pliance with the requirements set forth in section 39-4121, Idaho Code.
24 Any person, firm, co-partnership copartnership, association or corporation
25 making water treatment installations and/or repairs in accordance with the
26 provisions of this act shall maintain a surety bond in the amount of two thou-
27 sand dollars ($2,000).
28 SECTION 8. That Section 54-2607, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 54-2607. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY -- POWERS AND
31 DUTIES. The administrator shall exercise such powers and duties as are reason-
32 ably necessary to enforce the minimum standards provided in this act, and he
33 may among other things:
34 (a) Prescribe and establish procedures to effectuate the efficient
35 enforcement of this act not herein prescribed.
36 (b) Serve as secretary to the Idaho plumbing board.
37 (c) Appoint licensed staff inspectors who shall be authorized to enter
38 and inspect by and through a properly identified person, at reasonable hours,
39 plumbing and plumbing systems.
40 (d) Make plumbing inspections for another state or local jurisdiction
41 upon request by an appropriate building official. Such inspections shall be
42 made in accordance with the applicable plumbing codes of the requesting juris-
43 diction. Fees charged for such inspection services shall be as provided in
44 the rules promulgated by the board.
45 (e) Summon witnesses to appear and testify before him on any matter
46 within the provisions of this act. No person shall be required to testify out-
47 side the county wherein he resides or where his principal place of business is
48 located. Such summons to testify shall be issued and served in like manner as
49 a subpoena to witness issued from the district court, or in other manner con-
50 sistent with the procedure of the division of building safety. In case any
51 witness shall fail or refuse to appear and testify upon being summoned as
52 herein provided, the clerk of the district court of the county shall upon
53 demand by the administrator or his designated agent, issue a subpoena reciting
1 the demand therefor and summoning the witness to appear and testify at a time
2 and place fixed. Violation of such subpoena or disobedience thereto shall be
3 deemed and punished as a violation of any other subpoena issued from the dis-
4 trict court.
5 ( ef) Administer oaths and take affirmations of witnesses appearing before
6 him; and have the power to appoint competent persons to issue subpoenas,
7 administer oaths and take testimony. It shall be the duty of the administrator
8 to give notice to cities which supply sewer service to areas outside their
9 city limits and who have requested in writing such notice from the administra-
10 tor of all permits issued relative to sewer installations. The notice shall be
11 given within ten (10) days from the date the permit was requested for such
12 installation. The notice shall contain a map of the physical location of the
13 installation and reference to the date of inspection if the city so requests.
14 SECTION 9. That Chapter 26, Title 54, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 54-2622A, Idaho Code, and to read as follows:
17 54-2622A. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL
18 AND CERTIFICATION. Notwithstanding the exception provided in subsection (h) of
19 section 54-2602, Idaho Code, the administrator of the division of building
20 safety may make plumbing inspections of any modular building upon written
21 request from the manufacturer.
22 (1) Inspections shall be made in accordance with the codes adopted in
23 this chapter.
24 (2) Inspection fees shall be as promulgated in board rule and shall be
25 paid prior to the inspection.
26 (3) The administrator may issue inspection tags for inspections if the
27 buildings are in compliance with the codes adopted in this chapter.
28 SECTION 10. An emergency existing therefor, which emergency is hereby
29 declared to exist, this act shall be in full force and effect on and after its
30 passage and approval.
STATEMENT OF PURPOSE
This legislation would exempt a modular building, manufactured in
Idaho and exported from the state, from various building,
electrical and plumbing codes and requirements.
The legislation authorizes the division of building safety to
conduct building, electrical and plumbing inspections upon request
from other jurisdictions. The legislation also authorizes the
division to conduct building, electrical and plumbing inspections
upon request from manufacturers and to issue inspection tags for
No fiscal impact. All inspection costs are recovered through
Contact: Jack Lyman
Idaho Manufactured Housing Association
STATEMENT OF PURPOSE/FISCAL NOTE H 585