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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 portionof 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 200 03 International Building Code: and22 (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; , but28 (c) I including the incorporated International Residential Code, parts I, 29 II, III, IV and IX; International Mechanical Code; International Fuel Gas30 Code;International Energy Conservation Code; for the 2000 edition of the31 International Building Code, the requirements pertaining to accessibility32 for persons with disabilities published by the International Code Council33 in the 2001 supplement to the International Codesand 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 200 03 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 200 03 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 the48 International Conference of Building Officials;49 (5) The 1997 Uniform Code for Building Conservation as published by the50 International Conference of Building Officials; and51 (6) The Safety Code for Elevators and Escalators (ASME/ANSI A17.1) as3 1 published by the American Society of Mechanical Engineers and the American2 National Standards Instituteexisting 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, 200 35, 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 as17 adopted by the state or by the Idaho building code boardtogether 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. Previously32 adopted local amendments to a superseded version of a building code shall33 remain in full force and effect for a period not to exceed one (1) year after34 the effective date of adoption of a new version of the building code, provided35 that such amendments do not conflict with provisions of the newly adopted36 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 adopted2 codes2003 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 governmentsthe 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 codesBy 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