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H0756......................................................by STATE AFFAIRS
BUILDING CODES - Amends existing law relating to the Idaho Building Code
Act to expand the scope of the chapter to include chapter 50, title 54,
Idaho Code; to provide that local governments that adopt building codes
shall enforce all of the provisions of this chapter that govern application
by local governments; to provide an effective date for application of
codes; to update the applicable edition of specified codes and to clarify
inclusions and exclusions from the specific codes; to respecify the date by
which participating local governments shall by ordinance adopt codes as
specified; to delete obsolete language; to specify applicable codes and
editions of the codes pertaining to installation of heating, ventilation
and air conditioning systems; and to provide that certain local governments
shall by ordinance adopt and enforce the codes as prescribed.
02/24 House intro - 1st rdg - to printing
02/25 Rpt prt - to Bus
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 47-20-3
AYES -- Barraclough, Bell, Black, Block, Boe, Bolz, Bradford,
Campbell, Cannon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,
Jones, Kellogg, Lake, Langhorst, McGeachin, Meyer, Miller, Mitchell,
Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ringo, Robison, Rydalch,
Sayler, Schaefer, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Mr. Speaker
NAYS -- Andersen, Barrett, Bauer, Bedke, Cuddy, Douglas, Eberle,
Harwood, Kulczyk, Langford, Martinez, McKague, Moyle, Raybould, Ring,
Roberts, Sali, Shepherd, Shirley, Wood
Absent and excused -- Bayer, Ellsworth, Skippen
Floor Sponsor - Gagner
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Loc Gov
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/17 To 14th Ord
03/18 Rpt out - w/o amen - to 3rd rdg
03/19 3rd rdg - PASSED - 28-7-0
AYES -- Andreason, Bailey, Bunderson, Burkett(Maxand), Burtenshaw,
Cameron, Compton, Darrington, Davis, Gannon, Goedde, Hill, Ingram,
Kennedy, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Werk, Williams
NAYS -- Brandt, Calabretta, Geddes, Keough, Noble, Pearce, Sweet
Absent and excused -- None
Floor Sponsor - Gannon
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 272
Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 756
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BUILDING CODE ACT; AMENDING SECTION 39-4103, IDAHO CODE,
3 TO EXPAND THE SCOPE OF THE CHAPTER TO INCLUDE CHAPTER 50, TITLE 54, IDAHO
4 CODE; AMENDING SECTION 39-4104, IDAHO CODE, TO PROVIDE THAT LOCAL GOVERN-
5 MENTS THAT ADOPT BUILDING CODES SHALL ENFORCE ALL OF THE PROVISIONS OF
6 THIS CHAPTER THAT GOVERN APPLICATION BY LOCAL GOVERNMENTS; AMENDING SEC-
7 TION 39-4109, IDAHO CODE, TO PROVIDE AN EFFECTIVE DATE FOR APPLICATION OF
8 CODES, TO UPDATE THE APPLICABLE EDITION OF SPECIFIED CODES AND TO CLARIFY
9 INCLUSIONS AND EXCLUSIONS FROM THE SPECIFIC CODES; AMENDING SECTION
10 39-4116, IDAHO CODE, TO RESPECIFY THE DATE BY WHICH PARTICIPATING LOCAL
11 GOVERNMENTS SHALL BY ORDINANCE ADOPT CODES AS SPECIFIED, TO DELETE OBSO-
12 LETE LANGUAGE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
13 54-5001, IDAHO CODE, TO SPECIFY APPLICABLE CODES AND EDITIONS OF THE
14 CODES, TO DELETE OBSOLETE LANGUAGE AND TO PROVIDE THAT CERTAIN LOCAL GOV-
15 ERNMENTS SHALL BY ORDINANCE ADOPT AND ENFORCE THE CODES AS PRESCRIBED; AND
16 DECLARING AN EMERGENCY.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 39-4103, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-4103. SCOPE -- EXEMPTIONS. (1) This chapter authorizes the state divi-
21 sion of building safety and local governments to adopt and enforce building
22 codes pursuant to the provisions of this chapter.
23 (2) All buildings and other facilities owned by any state government
24 agency or entity, including those owned, constructed or financed by the Idaho
25 state building authority, shall conform to the codes adopted in this chapter,
26 chapter 2, title 41, Idaho Code, chapter 10, title 54, Idaho Code, chapter 26,
27 title 54, Idaho Code, and chapter 150, title 54, Idaho Code, and shall be sub-
28 ject to the jurisdiction of the state division of building safety and the
29 state fire marshal for purposes of all plan reviews, permitting and inspec-
30 tions. In performing such plan reviews, permitting and inspections, the divi-
31 sion of building safety and the state fire marshal shall route building plans
32 to affected local government agencies, and shall take into consideration local
33 government comments and ordinances and shall promptly notify the local juris-
34 dictions of actions taken and the reasons therefor, and transmit to the local
35 jurisdictions copies of final building plans.
36 (3) All buildings and other facilities owned by anyone other than state
37 government agencies or entities which are constructed or renovated specifi-
38 cally for use or occupancy by any state agency or entity shall conform to all
39 state adopted codes and standards. Nothing in this subsection shall limit the
40 authority of local governments to issue permits, review plans and provide a
41 full range of building code enforcement activities for such buildings.
42 (4) The following is exempt from the provisions of this chapter:
43 Equipment used primarily for industrial chemical process purposes and for
2
1 mineral extraction and mineral processing purposes. This exemption shall not
2 include the erection and fabrication of new boilers, pressure vessels and
3 other equipment as required to condition the building for personnel comfort
4 and safety. Equipment in this regard shall mean and shall be limited to facil-
5 ities or installations for heating, ventilating, air conditioning,
6 refrigerating equipment, elevators, dumbwaiters, escalators, and boilers and
7 pressure vessels associated with building heating systems.
8 SECTION 2. That Section 39-4104, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-4104. ENFORCEMENT OF LAW. The administrator of the division of build-
11 ing safety shall enforce the provisions of this chapter that apply to the
12 state. Local governments that adopt building codes, in their discretion, shall
13 enforce all or a portion of the provisions of this chapter that govern appli-
14 cation by local governments.
15 SECTION 3. That Section 39-4109, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-4109. APPLICATION OF CODES. The following codes are hereby adopted
18 effective January 1, 2005, for the state of Idaho division of building safety
19 and shall only be applied by local governments as prescribed by section
20 39-4116, Idaho Code:
21 (1) The 20003 International Building Code: and
22 (a) Including appendices thereto pertaining to building accessibility,
23 not including the adoption of;
24 (b) Excluding the incorporated electrical codes, mechanical code, fuel
25 gas code, plumbing codes, fire codes or property maintenance codes other
26 than specifically referenced subjects or sections of the International
27 Fire Code;, but
28 (c) Iincluding the incorporated International Residential Code, parts I,
29 II, III, IV and IX; International Mechanical Code; International Fuel Gas
30 Code; International Energy Conservation Code; for the 2000 edition of the
31 International Building Code, the requirements pertaining to accessibility
32 for persons with disabilities published by the International Code Council
33 in the 2001 supplement to the International Codes and rules promulgated by
34 the board to provide equivalency with the provisions of the Americans with
35 disabilities act accessibility guidelines and the fair housing act acces-
36 sibility guidelines shall be included; and
37 (d) Replacing section 903.2.7 of the 2003 International Building Code
38 with sections 903.2.7, 903.2.8 and 903.2.9 of the 2000 International
39 Building Code, which pertain to fire sprinklers in group R occupancies.
40 (2) The 20003 International Residential Code as published by the Interna-
41 tional Code Council, except for parts V, VI, VII and VIII as they pertain to
42 mechanical, fuel gas, plumbing and electrical requirements;
43 (3) The 20003 International Energy Conservation Code as published by the
44 International Code Council except that in chapter 7, the reference to the
45 ASHRAE/IESNA 90.1 standard shall be the 2001 edition of such standard, includ-
46 ing addendum G; and
47 (4) The latest edition of the Uniform Mechanical Code, published by the
48 International Conference of Building Officials;
49 (5) The 1997 Uniform Code for Building Conservation as published by the
50 International Conference of Building Officials; and
51 (6) The Safety Code for Elevators and Escalators (ASME/ANSI A17.1) as
3
1 published by the American Society of Mechanical Engineers and the American
2 National Standards Institute existing 2003 International Building Code as pub-
3 lished by the International Code Council.
4 SECTION 4. That Section 39-4116, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-4116. LOCAL GOVERNMENT ADOPTION AND ENFORCEMENT OF BUILDING CODES. (1)
7 Local governments enforcing building codes shall do so only in compliance with
8 the provisions of this section. Local governments that have not previously
9 instituted and implemented a code enforcement program prior to the effective
10 date of this act may elect to implement a building code enforcement program by
11 passing an ordinance evidencing the intent to do so. Local governments may
12 contract with a public or private entity to administer their building code
13 enforcement program.
14 (2) By January 1, 20035, local governments that issue building permits
15 and perform building code enforcement activities shall, by ordinance, adopt
16 the following codes as published by the International Code Council and as
17 adopted by the state or by the Idaho building code board together with any
18 amendments or revisions set forth in section 39-4109, Idaho Code:
19 (a) International Building Code, including all rules promulgated by the
20 board to provide equivalency with the provisions of the aAmericans with
21 disabilities act accessibility guidelines and the federal fair housing act
22 accessibility guidelines;
23 (b) International Residential Code, parts I-IV and IX; and
24 (c) International Energy Conservation Code.
25 Local governments are not required by this chapter to adopt the other refer-
26 enced codes in the International Building Code.
27 (3) Local governments may amend by ordinance the adopted codes or provi-
28 sions of referenced codes to reflect local concerns, provided such amendments
29 establish at least an equivalent level of protection to that of the adopted
30 building code. A local jurisdiction shall not have the authority to amend any
31 accessibility provision pursuant to section 39-4109, Idaho Code. Previously
32 adopted local amendments to a superseded version of a building code shall
33 remain in full force and effect for a period not to exceed one (1) year after
34 the effective date of adoption of a new version of the building code, provided
35 that such amendments do not conflict with provisions of the newly adopted
36 building code.
37 (4) Local governments shall exempt agricultural buildings from the
38 requirements of the codes enumerated in this chapter and the rules promulgated
39 by the board. A county may issue permits for farm buildings to assure compli-
40 ance with road setbacks and utility easements, provided that the cost for such
41 permits shall not exceed the actual cost to the county of issuing the permits.
42 (5) Permits shall be governed by the laws in effect at the time the per-
43 mit application is received.
44 (6) The division shall retain jurisdiction for in-plant inspections and
45 installation standards for manufactured or mobile homes and for in-plant
46 inspections and enforcement of construction standards for modular buildings
47 and commercial coaches.
48 SECTION 5. That Section 54-5001, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 54-5001. DECLARATION OF POLICY. The purpose of this chapter is to ensure
51 that installation of all heating, ventilation and air conditioning systems in
4
1 the state of Idaho shall be in accordance with the most currently adopted
2 codes 2003 International Mechanical Code as published by the International
3 Code Council, the 2003 International Fuel Gas Code as published by the Inter-
4 national Code Council, and parts V and VI of the 2003 International Residen-
5 tial Code as published by the International Code Council, applicable to the
6 industry and amendments as adopted by local governments the Idaho heating,
7 ventilation and air conditioning board. Nothing in this chapter shall require
8 a local government to adopt or implement a mechanical inspection program
9 unless such local government chooses to do so by an ordinance duly adopted.
10 Therefore, the provisions of this chapter shall pertain to those local govern-
11 ments that have adopted mechanical and fuel gas codes By January 1, 2005,
12 local governments that issue mechanical permits and perform mechanical or fuel
13 gas enforcement activities shall, by ordinance, adopt and enforce the codes as
14 prescribed by this chapter.
15 SECTION 6. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval.
STATEMENT OF PURPOSE
RS 14137C1
This legislation would accept the 2003 International Building
Code, Energy Conservation Code and would also adopt the 2003
International Mechanical & Fuel Gas Codes. This would keep the
International Codes intact as a family of Codes.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact
Name: Representative Lee Gagner
Senator Tom Gannon
332-1000
Idaho Association of Cities
Mark Larson - Fire Marshall
334-4370
STATEMENT OF PURPOSE/FISCAL NOTE H 756