2004 Legislation
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SENATE BILL NO. 1343 – HVAC, certificates

SENATE BILL NO. 1343

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S1343.......................................by COMMERCE AND HUMAN RESOURCES
HEATING, VENTILATION AND AIR CONDITIONING - Adds to and amends existing law
to define "heating, ventilation and air conditioning specialty apprentice"
and "heating, ventilation and air conditioning specialty journeyman"; to
provide that the administrator of the Division of Building Safety may
appoint hearing officers and impose civil penalties; to provide proper
terminology with respect to requirements of certificates of competency; to
provide application and certification fees for specialty contractors and
specialty journeymen; to provide a registration fee for specialty
apprentices; to revise requirements for renewal of a certificate; to
provide for reinstatement of a revoked certificate; to provide for
revocation or suspension of a certificate, hearings, testimony and judicial
review; to provide that specialty journeymen and specialty apprentices
shall have their certificate or annual registration card available at all
times while on the job; to extend the date to January 1, 2005, when it
shall be required that permits be obtained before performing new heating,
ventilation or air conditioning work; to extend the date to January 1,
2005, when application can be made for a permit; to establish fees until
the board establishes fees by rule; to provide for expiration of permits;
to provide for assessment of double and triple fees; to provide that all
inspectors shall be certified; to require that any city or county which
does not regularly employ at least one full-time certified inspector shall
contract with the Division of Building Safety for the performance of
inspections; and to revise penalty provisions.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1343
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS;
  3        AMENDING SECTION 54-5003, IDAHO CODE, TO DEFINE "HEATING, VENTILATION  AND
  4        AIR  CONDITIONING  SPECIALTY APPRENTICE" AND "HEATING, VENTILATION AND AIR
  5        CONDITIONING SPECIALTY JOURNEYMAN"; AMENDING SECTION 54-5005, IDAHO  CODE,
  6        TO  EXPAND  THE  POWERS AND DUTIES OF THE BOARD; AMENDING SECTION 54-5006,
  7        IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR OF THE DIVISION OF  BUILDING
  8        SAFETY MAY APPOINT HEARING OFFICERS AND IMPOSE CIVIL PENALTIES AS PROVIDED
  9        BY  LAW AND RULE OF THE BOARD AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING
 10        SECTION 54-5007, IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY WITH RESPECT TO
 11        REQUIREMENTS FOR CERTIFICATES OF  COMPETENCY;  AMENDING  SECTION  54-5009,
 12        IDAHO  CODE,  TO  INCLUDE  SPECIALTY  APPRENTICES IN THE CLASSIFICATION OF
 13        APPRENTICE, TO INCLUDE SPECIALTY JOURNEYMEN IN THE CLASSIFICATION OF JOUR-
 14        NEYMEN AND TO PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 54-5012,  IDAHO
 15        CODE, TO PROVIDE APPLICATION AND CERTIFICATION FEES FOR SPECIALTY CONTRAC-
 16        TORS  AND  SPECIALTY JOURNEYMEN AND TO PROVIDE A REGISTRATION FEE FOR SPE-
 17        CIALTY APPRENTICES;  AMENDING  SECTION  54-5013,  IDAHO  CODE,  TO  REVISE
 18        REQUIREMENTS FOR RENEWAL OF A CERTIFICATE, TO PROVIDE FOR REINSTATEMENT OF
 19        A  REVOKED CERTIFICATE AND TO PROVIDE PROPER TERMINOLOGY; AMENDING CHAPTER
 20        50, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-5013A, IDAHO
 21        CODE, TO PROVIDE FOR REVOCATION OR SUSPENSION OF A CERTIFICATE,  HEARINGS,
 22        TAKING  TESTIMONY  AND  JUDICIAL  REVIEW;  AMENDING SECTION 54-5014, IDAHO
 23        CODE, TO PROVIDE THAT SPECIALTY JOURNEYMEN AND SPECIALTY APPRENTICES SHALL
 24        HAVE THEIR CERTIFICATE OF COMPETENCY OR ANNUAL REGISTRATION CARD AVAILABLE
 25        AT ALL TIMES WHILE ON THE JOB; AMENDING SECTION 54-5015,  IDAHO  CODE,  TO
 26        PROVIDE  PROPER  TERMINOLOGY;  AMENDING  SECTION  54-5016,  IDAHO CODE, TO
 27        EXTEND THE DATE FROM JULY 1, 2004, TO JANUARY 1, 2005, WHEN  IT  SHALL  BE
 28        REQUIRED  THAT PERMITS BE OBTAINED BEFORE PERFORMING NEW HEATING, VENTILA-
 29        TION OR AIR CONDITIONING WORK AND TO PROVIDE PROPER TERMINOLOGY;  AMENDING
 30        SECTION 54-5017, IDAHO CODE, TO EXTEND THE DATE FROM JULY 1, 2004, TO JAN-
 31        UARY 1, 2005, WHEN APPLICATION CAN BE MADE FOR A PERMIT, TO ESTABLISH FEES
 32        BY LAW UNTIL THE BOARD ESTABLISHES FEES BY RULE, TO PROVIDE FOR EXPIRATION
 33        OF  PERMITS,  TO  PROVIDE  FOR ASSESSMENT OF DOUBLE AND TRIPLE FEES AND TO
 34        PROVIDE PROPER TERMINOLOGY; AMENDING SECTION 54-5021, IDAHO CODE, TO  PRO-
 35        VIDE THAT ALL MECHANICAL INSPECTORS SHALL BE CERTIFIED AS PROVIDED BY RULE
 36        OF  THE  BOARD AND TO REQUIRE THAT ANY CITY OR COUNTY WHICH DOES NOT REGU-
 37        LARLY EMPLOY AT LEAST ONE PERMANENT CERTIFIED MECHANICAL  INSPECTOR  SHALL
 38        CONTRACT  WITH  THE  DIVISION  OF  BUILDING  SAFETY FOR THE PERFORMANCE OF
 39        INSPECTIONS AND TO PROVIDE PROPER TERMINOLOGY; AMENDING  SECTION  54-5022,
 40        IDAHO  CODE,  TO  REVISE PENALTY PROVISIONS, TO INCREASE THE CIVIL PENALTY
 41        AND TO PROVIDE PROPER TERMINOLOGY; AND DECLARING AN EMERGENCY.
                                                                        
 42    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 43        SECTION 1.  That Section 54-5003, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        54-5003.  DEFINITIONS. As used in this chapter:
  2        (1)  "Heating, ventilation and air conditioning (HVAC)" means and includes
  3    the  business,  trade,  practice  or  work, materials and fixtures used in the
  4    design, construction, installation, improvement, extension and  alteration  of
  5    all  piping,  venting,  ductwork,  appliances  and appurtenances in connection
  6    with any heating, ventilation or air  conditioning  system  or  subsystems  of
  7    such.
  8        (2)  "Heating, ventilation and air conditioning apprentice" means any per-
  9    son  who, as his principal occupation, is engaged in learning and assisting in
 10    installation, improvement, extension, alteration or repair of HVAC systems. An
 11    apprentice shall perform HVAC work under the supervision of an HVAC journeyman
 12    or HVAC contractor.
 13        (3)  "Heating, ventilation and air conditioning contractor" means any per-
 14    son who fabricates, installs, maintains, services and repairs warm air heating
 15    and water heating systems, heat  pumps,  complete  with  warm  air  appliances
 16    including,   but  not  limited  to,  boilers,  pool  heaters,  space  heaters,
 17    decorative gas and solid-fuel burning furnaces, and gas, propane, electric  or
 18    oil-fired  water heaters; ventilating systems complete with blowers and plenum
 19    chambers; air conditioning systems complete with air conditioning unit and the
 20    ducts, registers, flues, humidity and thermostatic controls of air, liquid  or
 21    gas  temperatures  below  fifty  (50)  degrees  fahrenheit or ten (10) degrees
 22    celsius, and air filters in connection with any of these systems.
 23        (4)  "Heating, ventilation and air conditioning journeyman" means any per-
 24    son who, as his principal occupation, is engaged in the installation, improve-
 25    ment, extension, alteration or repair of HVAC systems and who is familiar with
 26    the provisions of this chapter and who works in the employ and under direction
 27    of an HVAC contractor.
 28        (5)  "Heating, ventilation  and  air  conditioning  specialty  apprentice"
 29    means  any person who, as his principal occupation, is engaged in learning and
 30    assisting in a specific aspect of installation, improvement, extension, alter-
 31    ation or repair of HVAC systems that includes, but is  not  limited  to,  such
 32    aspects  as  gas  piping,  gas appliances and installation, or decorative gas-
 33    fired appliances. A specialty apprentice shall perform  HVAC  work  under  the
 34    supervision of an HVAC journeyman, specialty journeyman, HVAC contractor or an
 35    HVAC specialty contractor.
 36        (6)  "Heating,  ventilation  and  air  conditioning  specialty contractor"
 37    means any person who, as his principal occupation, is engaged  in  a  specific
 38    aspect  of  the heating, ventilation and air conditioning trade that includes,
 39    but is not limited to, such aspects as gas piping, gas appliances and  instal-
 40    lation, or decorative gas-fired appliances.
 41        (7)  "Heating,  ventilation  and  air  conditioning  specialty journeyman"
 42    means any person who, as his principal occupation, is engaged  in  a  specific
 43    aspect  of  installation,  improvement,  extension, alteration or repairing of
 44    HVAC systems that includes, but is not limited to, such aspects as gas piping,
 45    gas appliances and installation, or decorative gas-fired  appliances.  A  spe-
 46    cialty journeyman is familiar with the provisions of this chapter and works in
 47    the employ and under direction of an HVAC contractor or an HVAC specialty con-
 48    tractor.
 49        (68)  "Heating,  ventilation  and air conditioning system" means any heat-
 50    ing, ventilation or air conditioning system in a residential, private,  public
 51    or semipublic building or structure including, but not limited to, any mechan-
 52    ical means of heating or air conditioning and to gas piping, venting, ductwork
 53    and controls.
 54        (79)  "Local  government" means any incorporated city or any county in the
 55    state.
                                                                        
                                           3
                                                                        
  1        SECTION 2.  That Section 54-5005, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        54-5005.  POWERS  AND  DUTIES  OF THE BOARD -- LIMITATION. The board shall
  4    have the general administration and supervision of the  design,  construction,
  5    installation,  improvement,   extension and alteration of heating, ventilation
  6    and air conditioning systems, except that which has been heretofore and  here-
  7    inafter  exempted  from the jurisdiction of this board, in connection with all
  8    buildings, residences and structures in this state including buildings,  resi-
  9    dences and structures owned by the state or any political subdivision thereof.
 10    The  division  of  building  safety  shall  enforce  the minimum standards and
 11    requirements therefor as provided by this chapter. The board may exercise such
 12    powers and duties as are reasonably necessary to carry out the  provisions  of
 13    this chapter, and it may, among other things:
 14        (1)  Establish the fees to be charged for reviewing plans, investigations,
 15    permits  and  inspections of heating, ventilation and air conditioning systems
 16    under the jurisdiction of the state, and to establish such other  fees  as  it
 17    deems necessary.
 18        (2)  Hold  public  meetings and attend or be represented at such meetings,
 19    within or without the state, prepare and  publish  rules  pertaining  to  this
 20    chapter,  and  such  other information as may be necessary, and furnish copies
 21    thereof to those engaged in the business, trade, practice or work of  heating,
 22    ventilation and air conditioning and to the public upon request.
 23        (3)  Adopt  and  enforce such mechanical codes, or portions of such codes,
 24    as it deems necessary, notwithstanding any other provision of law or rule.
 25        (4)  Establish by administrative rule the fines to be paid  for  citations
 26    issued  and shall hear appeals regarding the imposition of civil penalties for
 27    violations of this chapter and rules of the board. The board is authorized  to
 28    affirm, reject, decrease or increase the penalty imposed by the administrator.
 29    However, in no case shall the penalty exceed one thousand dollars ($1,000) for
 30    each offense.
 31        The powers and duties of the board within the jurisdictional boundaries of
 32    local governments that have chosen to adopt and enforce mechanical codes shall
 33    be  limited to those powers and duties needed to enforce the requirements gov-
 34    erning a certificate of competency. Each local government that has  chosen  to
 35    adopt and enforce mechanical codes shall establish fees to be charged for per-
 36    mits and inspections within its jurisdiction.
                                                                        
 37        SECTION  3.  That  Section 54-5006, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        54-5006.  ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY.  The  adminis-
 40    trator  shall  exercise  such powers and duties as are reasonably necessary to
 41    enforce standards provided in this chapter, and he may, among other things:
 42        (1)  Serve as secretary to the Idaho heating, ventilation and  air  condi-
 43    tioning board.
 44        (2)  Appoint  state  certificate  of  competency mechanical inspectors who
 45    shall be authorized to enter and inspect by and through a properly  identified
 46    person,  at  reasonable  hours, heating, ventilation and air conditioning sys-
 47    tems.
 48        (3)  Summon witnesses to appear and  testify  before  him  on  any  matter
 49    within  the provisions of this chapter. No person shall be required to testify
 50    outside the county wherein he resides or where his principal place of business
 51    is located. Such summons to testify shall be issued and served in like  manner
 52    as  a  subpoena  to witness issued from the district court, or in other manner
                                                                        
                                           4
                                                                        
  1    consistent with procedure of the division of building safety. In case any wit-
  2    ness shall fail or refuse to appear and testify upon being summoned as  herein
  3    provided,  the clerk of the district court of the county shall, upon demand by
  4    said administrator or his designated agent,  issue  a  subpoena  reciting  the
  5    demand therefor and summoning the witness to  appear and testify at a time and
  6    place  fixed.  Violation  of  such  subpoena  or disobedience thereto shall be
  7    deemed and punished as a violation of any other subpoena issued from the  dis-
  8    trict court.
  9        (4)  Administer  oaths and take affirmations of witnesses appearing before
 10    him or a duly appointed hearing officer; and have the power to appoint  compe-
 11    tent persons to issue subpoenas, administer oaths and take testimony.
 12        (5)  Impose  civil  penalties as provided in this chapter and rules of the
 13    board.
                                                                        
 14        SECTION 4.  That Section 54-5007, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        54-5007.  REQUIREMENTS  FOR CERTIFICATES OF COMPETENCY. The Idaho heating,
 17    ventilation and air conditioning board shall provide standards and  procedures
 18    and  prescribe  reasonable rules for examination, qualification and certifica-
 19    tion of heating, ventilation and air conditioning contractors, journeymen, and
 20    apprentices, specialty contractors, specialty journeymen and specialty appren-
 21    tices. HVAC contractors and specialty contractors shall provide a bond in  the
 22    amount of two thousand dollars ($2,000) or evidence of such coverage by a cor-
 23    porate industry group bond acceptable to the board.
                                                                        
 24        SECTION  5.  That  Section 54-5009, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        54-5009.  CLASSIFICATION OF COMPETENCY. There shall be four (4)  classifi-
 27    cations  of  competency  in  the business, trade, practice or work of heating,
 28    ventilation and air conditioning as follows:
 29        (1)  An apprentice shall be any person who, as his  principal  occupation,
 30    is  engaged in learning and assisting in the installation, improvement, exten-
 31    sion and alteration or repair of HVAC systems. An apprentice shall not perform
 32    HVAC work except under the supervision of an HVAC journeyman or HVAC  contrac-
 33    tor.  This classification applies to a specialty apprentice as defined in sec-
 34    tion 54-5003, Idaho Code.
 35        (2)  A journeyman shall be any person who, as his principal occupation, is
 36    engaged in the installation, improvement, extension and alteration  or  repair
 37    of  HVAC  systems  and who is familiar with the provisions of this chapter and
 38    who works in the employ and under direction of an HVAC contractor and has suc-
 39    cessfully completed all trade required classes as directed by the board.  This
 40    classification  applies  to  a  specialty  journeyman  as  defined  in section
 41    54-5003, Idaho Code.
 42        (3)  A heating, ventilation and air conditioning contractor shall  be  any
 43    business,  trade,  copartnership, company, firm or association engaged in, but
 44    not limited to, the business, trade, practice or work of installing, maintain-
 45    ing or repairing heating, ventilation or air conditioning appliances, or  gas-
 46    fired  equipment that requires special venting or gas supply piping systems or
 47    subsystems in the state of Idaho.
 48        (4)  A heating, ventilation  and  air  conditioning  specialty  contractor
 49    shall be any person who, as his principal occupation, is engaged in a specific
 50    aspect  of  the heating, ventilation and air conditioning trade that includes,
 51    but is not limited to, such aspects as gas piping, gas appliances and  instal-
                                                                        
                                           5
                                                                        
  1    lation, or decorative gas-fired appliances. A certificate of competency issued
  2    for the installation of hearth and barbecue products shall include the author-
  3    ity for  all low voltage work necessary to complete the installations.
                                                                        
  4        SECTION  6.  That  Section 54-5012, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        54-5012.  FEES FOR APPLICATION FOR EXAMINATION, CERTIFICATES OF COMPETENCY
  7    AND REGISTRATION OF APPRENTICES. (1) Application for examination.
  8        (a)  HVAC contractor or specialty contractor........................$35.00
  9        (b)  HVAC journeyman or specialty 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 or specialty contractor........................$75.00
 13        (b)  HVAC journeyman or specialty journeyman........................$50.00
 14        (3)  Renewal  of certificate of competency, valid for one (1) year; or may
 15    be issued at the annual rate for up to three (3) years.
 16        (a)  HVAC contractor or specialty contractor........................$50.00
 17        (b)  HVAC journeyman or specialty journeyman........................$25.00
 18        (4)  Each apprentice and specialty  apprentice  is  required  to  register
 19    annually. The annual registration fee is fifteen dollars ($15.00).
                                                                        
 20        SECTION  7.  That  Section 54-5013, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        54-5013.  CERTIFICATE EXPIRATION -- RENEWAL -- REINSTATEMENT. (1) Certifi-
 23    cates of competency shall expire twelve (12) calendar months from the date  of
 24    issue,  or on the last day of the month of the licensing certification period,
 25    unless renewed as provided in this section, or unless sooner revoked  or  sus-
 26    pended.
 27        (2)  Renewal  of  a  certificate  may  be requested within sixty (60) days
 28    prior to the expiration date. Any certificate which has expired may be revived
 29    at any time within one (1) year from the first day of the final month  of  the
 30    licensing  certification  period,  by payment of a thirty-five dollar ($35.00)
 31    revival fee in addition to the full annual renewal fee, and if any,  all  out-
 32    standing civil penalties, permits or other fees and penalties.
 33        (3)  Any  person whose certificate has been revoked may, after the expira-
 34    tion of one (1) year from the date of such revocation, but not  before,  apply
 35    for a new certificate. Successful application shall require satisfactory proof
 36    of  payment  of any and all outstanding civil penalties, permits or other fees
 37    and penalties.
                                                                        
 38        SECTION 8.  That Chapter 50, Title 54, Idaho Code, be,  and  the  same  is
 39    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 40    ignated as Section 54-5013A, Idaho Code, and to read as follows:
                                                                        
 41        54-5013A.  REVOCATION OR SUSPENSION OF CERTIFICATE -- HEARINGS  --  TAKING
 42    TESTIMONY -- JUDICIAL REVIEW. The administrator shall have the power to revoke
 43    or suspend any certificate if the same was obtained through error or fraud, or
 44    if  the  holder  thereof is shown  to be grossly incompetent, or has willfully
 45    violated any of the rules prescribed by the board, or as  prescribed  in  this
 46    chapter;  or  has,  after due notice, failed or refused to correct, within the
 47    specified time, any HVAC installation not in compliance with the provisions of
 48    this chapter, or has failed to pay within the time provided,  civil  penalties
 49    which  have become final by operation of law, provided, before any certificate
                                                                        
                                           6
                                                                        
  1    shall be revoked or suspended, the holder thereof shall  have  written  notice
  2    enumerating  the  charges  against  him,  and shall be given a hearing by said
  3    administrator, and have an opportunity to produce testimony in his behalf,  at
  4    a  time  and place specified in said notice, which time shall not be less than
  5    five (5) days after the service thereof. The proceedings shall be governed  by
  6    the provisions of chapter 52, title 67, Idaho Code. Any party aggrieved by the
  7    action  of  the  administrator shall be entitled to judicial review thereof in
  8    accordance with the provisions of chapter 52, title 67, Idaho Code.
                                                                        
  9        SECTION 9.  That Section 54-5014, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        54-5014.  CERTIFICATE  TO  BE  DISPLAYED  AND  CARRIED ON THE JOB. (1) All
 12    holders of a valid certificate of competency for the classification  of   con-
 13    tractor  or  specialty contractor shall display a sign or card for public view
 14    in the holder's place of business.
 15        (2)  All journeymen, specialty journeymen, and apprentices, and  specialty
 16    apprentices  shall have their certificate of competency or annual registration
 17    card available at all times while on the job.
                                                                        
 18        SECTION 10.  That Section 54-5015, Idaho Code, be, and the same is  hereby
 19    amended to read as follows:
                                                                        
 20        54-5015.  EXCLUSIVE  JURISDICTION  OF THE STATE -- RESTRICTION ON REQUIRE-
 21    MENT FOR ADDITIONAL LICENSES OR FEES. (1) Only the administrator of the  divi-
 22    sion  of  building safety of the state of Idaho is authorized and empowered to
 23    conduct examinations and to pass upon the qualifications of applicants, and to
 24    grant and issue certificates of competency and registration of apprentices  to
 25    such applicants as are found to be qualified to engage in the trade, business,
 26    work or practice of heating, ventilation and air conditioning.
 27        (2)  No  local jurisdiction shall have the authority to require additional
 28    licensure certification or registration or to require payment of any  fees  in
 29    order  for  any  HVAC  contractor, specialty contractor, journeyman, specialty
 30    journeyman, or  apprentice, or specialty apprentice to engage in the  heating,
 31    ventilation  and  air  conditioning  trade within the local jurisdiction or to
 32    issue licenses certificates to persons certified or registered under the  pro-
 33    visions of this chapter.
 34        (3)  Nothing in this chapter shall restrict a city or county from imposing
 35    stricter public safety rules, notwithstanding any provision of Idaho Code.
                                                                        
 36        SECTION  11.  That Section 54-5016, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        54-5016.  PERMITS REQUIRED -- EXCEPTION -- LOCAL GOVERNMENT FEES  ALLOWED.
 39    (1)  On and after July January 1, 20045, it shall be unlawful  for any person,
 40    firm, copartnership, company, association or corporation to do or cause to  be
 41    done,  whether  acting  as  principal,    agent or employee, any construction,
 42    installation, improvement, extension or alteration of any heating, ventilation
 43    or air conditioning system, in any building, residence  or  structure  in  the
 44    state  of  Idaho,  without  first obtaining a permit from the authority having
 45    jurisdiction, authorizing such work to be done, except that no permit shall be
 46    required to perform work related to repair or maintenance of an existing  HVAC
 47    system.
 48        (2)  No  provision  of  this chapter shall preclude local governments from
 49    collecting fees for permits and inspections where such work is  regulated  and
                                                                        
                                           7
                                                                        
  1    enforced  by city or county code or ordinance. Municipalities may also require
  2    fees for permits and inspections in areas designated by local  code  or  ordi-
  3    nance as areas of city impact.
                                                                        
  4        SECTION  12.  That Section 54-5017, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        54-5017.  PERMITS -- APPLICATION -- FEES. (1) On and after July January 1,
  7    20045, any person, firm, copartnership, company,  association  or  corporation
  8    entitled  to  receive  a permit, shall make application to the board on a form
  9    provided by the board. The application shall require a description of the work
 10    proposed to be done, the location, ownership and use of the premises.
 11        (2)  A Until fees as are established by rule of the board,  the  following
 12    fees shall be paid: for each permit issued and for each inspection required
 13        (a)  Residential  single  and  duplex  family  dwelling,  a  fifty  dollar
 14        ($50.00) base permit fee plus an inspection fee of:
 15             (i)   Thirty-five dollars ($35.00) for the first furnace, furnace-air
 16             conditioner  combination,  heat  pump,  air  conditioner, evaporative
 17             cooler, unit heater, space heater,  decorative  gas-fired  appliance,
 18             incinerator, boiler, pool heater, and similar fixtures or appliances,
 19             plus
 20             (ii)  Fifteen  dollars  ($15.00) for any additional furnace, furnace-
 21             air conditioner combination, heat pump, air conditioner,  evaporative
 22             cooler,  unit  heater,  space heater, decorative gas-fired appliance,
 23             incinerator, boiler, pool heater, and similar fixtures or appliances.
 24             Fee includes ducts, vents and flues attached thereto.
 25             (iii) Fifteen dollars ($15.00) for the first exhaust  or  ventilation
 26             duct  such  as  dryer vents, range hood vents, cook stove vents, bath
 27             fan vents, and similar exhaust and ventilation ducts, plus
 28             (iv)  Five dollars ($5.00) for any additional exhaust and ventilation
 29             ducts.
 30             (v)   Fifteen dollars ($15.00) for the  first  fixture  or  appliance
 31             outlet of the fuel gas piping system, plus
 32             (vi)  Five dollars ($5.00) for any additional outlets of the fuel gas
 33             piping system.
 34        (b)  Multifamily,  commercial,  institutional,  industrial  and  all other
 35        installations, a fifty dollar ($50.00) base permit fee for each  building,
 36        plus an inspection fee based on the selling price of the completed instal-
 37        lation  including  equipment,  appliances,  piping systems, materials, and
 38        labor of:
 39             (i)   Three percent (3%) of the value  of  the  installation  through
 40             twenty thousand dollars ($20,000), plus
 41             (ii)  Two  percent  (2%)  of  the  value of installation in excess of
 42             twenty thousand dollars ($20,000) through one hundred  thousand  dol-
 43             lars ($100,000), plus
 44             (iii) One  percent (1%) of the value of the installation in excess of
 45             one hundred thousand dollars ($100,000) through two hundred  thousand
 46             dollars ($200,000), plus
 47             (iv)  One-half  percent  (1/2%)  of  the value of the installation in
 48             excess of two hundred thousand dollars ($200,000).
 49        (c)  Plan check and technical service, a fifty dollar ($50.00) minimum fee
 50        plus fifty dollars ($50.00) per hour.
 51        (d)  Additional and reinspections, a fifty  dollar  ($50.00)  minimum  fee
 52        plus  an additional fifty dollars ($50.00) per hour before approval of the
 53        installation if the following services are necessary:
                                                                        
                                           8
                                                                        
  1             (i)   Trips to inspect when the permittee had  given  notice  to  the
  2             inspector  that the work was ready for inspection when it was not, or
  3             if the permittee has not clearly given the location of the  installa-
  4             tion  either  by  directions or maps, or if the inspector cannot gain
  5             access to make the inspection;
  6             (ii)  Trips to inspect corrections required by  the  inspector  as  a
  7             result of the permittee improperly responding to a corrective notice;
  8             (iii) Each trip necessary to remove a red tag from the job site;
  9             (iv)  When  corrections  have  not  been made in the prescribed time,
 10             unless an extension has been requested and granted.
 11        (3)  Expiration of permits. Every permit issued  by  the  HVAC  bureau  or
 12    authority  having jurisdiction, shall expire by limitation and become null and
 13    void if the work authorized by such permit is not commenced within ninety (90)
 14    days from the date of issuance of such permit or if  the  work  authorized  by
 15    such  permit is suspended or abandoned at any time after work is commenced for
 16    a period of one hundred eighty (180) days. A permit  may  be  renewed  for  an
 17    additional  year  upon  receiving approval from the bureau or authority having
 18    jurisdiction, and a fifty dollar ($50.00) renewal fee.
 19        (4)  No permit. Failure to acquire,  post  and  send  permit  and  to  pay
 20    required  fees in the prescribed time may result in the assessment of a double
 21    fee. Any additional offenses within a twelve (12) month period for failure  to
 22    acquire,  post and send permit and to pay required fees in the prescribed time
 23    shall result in the assessment of a triple fee.
                                                                        
 24        SECTION 13.  That Section 54-5021, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        54-5021.  APPOINTMENT  AND  QUALIFICATION  OF  MECHANICAL INSPECTORS -- NO
 27    FINANCIAL INTEREST. (1) The administrator of the division of building  safety,
 28    or the local government having jurisdiction, as the case may be, shall appoint
 29    such  number  of  mechanical  inspectors  as  are  necessary for the effective
 30    enforcement of this chapter.
 31        (2)  All state  mechanical  inspectors  shall  be  knowledgeable  in  HVAC
 32    installations  and demonstrate knowledge of the provisions of this chapter and
 33    rules of the administrator and the board.
 34        (3)  All mechanical inspectors shall be certified  by  rule  of  the  HVAC
 35    board  as  a  commercial mechanical inspectors or a and residential mechanical
 36    inspectors., depending upon the duties assigned Certification shall be as pro-
 37    vided in rules of the board.
 38        (4)  If a city or county does not regularly employ at least one (1) perma-
 39    nent certified mechanical inspector, then such city or county  shall  contract
 40    with the division of building safety for the performance of inspections.
 41        (35)  No  mechanical  inspector shall be permitted to be engaged or finan-
 42    cially interested in business, trade, practice or work related to  this  chap-
 43    ter, or sell any supplies connected to the HVAC business, nor act as an agent,
 44    directly or indirectly, for any person, firm, copartnership, company, associa-
 45    tion or corporation so engaged in HVAC.
 46        (6)  The  qualifications  and  requirements  as  set forth in this section
 47    shall apply to all mechanical inspectors whether  employed  by  the  state,  a
 48    municipality, or any other local jurisdiction.
 49        (4)  Each  local  government  mechanical inspector shall be certified as a
 50    mechanical inspector.
                                                                        
 51        SECTION 14.  That Section 54-5022, Idaho Code, be, and the same is  hereby
 52    amended to read as follows:
                                                                        
                                           9
                                                                        
  1        54-5022.  VIOLATION  --  MISDEMEANOR -- PENALTY. (1)  It shall be a misde-
  2    meanor for any person, firm, copartnership, company, association  or  corpora-
  3    tion by and through a member, representative or agent to:
  4        (a1)  Engage  in  the  business, trade, practice or work of HVAC without a
  5    certificate of competency or without registration;
  6        (b2)  Perform work without a permit as provided in this chapter;
  7        (c3)  Violate any provision of this chapter or the rules made by both  the
  8    administrator of the division of building safety and the Idaho heating, venti-
  9    lation and air conditioning board;
 10        (d4)  Refuse  to perform any duty lawfully enjoined upon him by the admin-
 11    istrator within the prescribed time; or
 12        (e5)  Fail, neglect or refuse to obey any lawful order given  or  made  by
 13    the administrator.
 14        (2)  Such   person,  firm, copartnership, company, association or corpora-
 15    tion shall be subject to a fine of the civil penalties established by adminis-
 16    trative rule but not less than ten to exceed one thousand dollars  ($10.,000).
 17    or  more  than  three hundred dollars ($300), or to imprisonment in the county
 18    jail not to exceed thirty (30) days, or both. Each day of such violation shall
 19    constitute a separate offense. A violation shall be  considered  a  second  or
 20    additional  offense  only if it occurs within one (1) year of the first viola-
 21    tion.
                                                                        
 22        SECTION 15.  An emergency existing therefor,  which  emergency  is  hereby
 23    declared to exist, this act shall be in full force and effect on and after its
 24    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13804C2


Provides for definitions of speciality journeymen and apprentices. 
Provides permit fees for HVAC installations in residential, as well
as commercial facilities.  Gives rule making authority to the HVAC
Board relating to code and qualifications of inspectors. 
Establishes rule making authority for civil penalties when approved
by the legislature.  Requires cities and counties to contract with
the Division of Building Safety if the city or county does not
employ a full time inspector.


                          FISCAL IMPACT
Certification and permit fees will support this legislation when
fully implemented.


Contact  
Name: Bob Corbell
Phone: 442-4423

STATEMENT OF PURPOSE/FISCAL NOTE                     S 1343