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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
]]]] 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 competencymechanical 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, and20 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 licensingcertification 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 licensingcertification 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, andapprentices, 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 licensurecertification or registration or to require payment of any fees in 29 order for any HVAC contractor, specialty contractor, journeyman, specialty 30 journeyman, orapprentice, or specialty apprentice to engage in the heating, 31 ventilation and air conditioning trade within the local jurisdiction or to 32 issue licensescertificates 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 JulyJanuary 1, 200 45, 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 JulyJanuary 1, 7 200 45, 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) AUntil fees asare established by rule of the board, the following 12 fees shall be paid: for each permit issued and for each inspection required13 (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 statemechanical 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 HVAC35 boardas acommercial mechanical inspectors or aand residential mechanical 36 inspectors. , depending upon the duties assignedCertification 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 asset 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 a50 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 ofthe civil penalties established by adminis- 16 trative rule but not less than tento exceed one thousand dollars ($1 0.,000). 17 or more than three hundred dollars ($300), or to imprisonment in the county18 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 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