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H0585...........................................................by BUSINESS MODULAR BUILDINGS - Amends and adds to existing law to provide that modular buildings or manufactured homes being built for shipment out of state shall be inspected with regard to certain life safety codes. 01/30 House intro - 1st rdg - to printing 02/02 Rpt prt - to Bus 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 65-3-2 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Kulczyk, Langford, Smith(30) Absent and excused -- Gagner, Shirley Floor Sponsor - Snodgrass Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Com/HuRes 03/03 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 27-7-1 AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Hill, Ingram, Kennedy, Keough, Little, Lodge, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Sweet, Werk, Williams NAYS -- Bailey, Burkett, Calabretta, Goedde, Malepeai, Marley, Stegner Absent and excused -- Stennett Floor Sponsor - Cameron Title apvd - to House 03/17 To enrol 03/18 Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 250 Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 585 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO INSPECTIONS OF MODULAR BUILDINGS OR MANUFACTURED HOUSING; AMENDING 3 SECTION 39-4103, IDAHO CODE, TO PROVIDE AN EXEMPTION TO MODULAR BUILDINGS 4 IF CERTAIN CIRCUMSTANCES OCCUR; AMENDING SECTION 39-4105, IDAHO CODE, TO 5 REVISE THE DEFINITION OF "MODULAR BUILDING"; AMENDING SECTION 39-4107, 6 IDAHO CODE, TO PROVIDE POWERS AND DUTIES OF THE ADMINISTRATOR OF BUILDING 7 SAFETY; AMENDING CHAPTER 10, TITLE 54, IDAHO CODE, BY THE ADDITION OF A 8 NEW SECTION 54-1001D, IDAHO CODE, TO PROVIDE FOR INSPECTIONS OF MODULAR 9 BUILDINGS; AMENDING SECTION 54-1005, IDAHO CODE, TO PROVIDE THAT THE 10 ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY MAY MAKE ELECTRICAL 11 INSPECTIONS FOR ANOTHER STATE OR LOCAL JURISDICTION UNDER CERTAIN CIRCUM- 12 STANCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1016, 13 IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS AND TO PROVIDE AN EXEMPTION TO 14 CERTAIN MODULAR BUILDINGS; AMENDING SECTION 54-2602, IDAHO CODE, TO PRO- 15 VIDE AN EXCEPTION TO A MODULAR BUILDING AND TO MAKE TECHNICAL CORRECTIONS; 16 AMENDING SECTION 54-2607, IDAHO CODE, TO PROVIDE ADDITIONAL POWERS AND 17 DUTIES TO THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY; AMENDING 18 CHAPTER 26, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19 54-2622A, IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOR OF THE DIVISION OF 20 BUILDING SAFETY MAY INSPECT PLUMBING SYSTEMS OF ANY MODULAR BUILDING UPON 21 WRITTEN REQUEST FROM THE MANUFACTURER; AND DECLARING AN EMERGENCY. 22 Be It Enacted by the Legislature of the State of Idaho: 23 SECTION 1. That Section 39-4103, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 39-4103. SCOPE -- EXEMPTIONS. (1) This chapter authorizes the state divi- 26 sion of building safety and local governments to adopt and enforce building 27 codes pursuant to the provisions of this chapter. 28 (2) All buildings and other facilities owned by any state government 29 agency or entity, including those owned, constructed or financed by the Idaho 30 state building authority, shall conform to the codes adopted in this chapter, 31 chapter 2, title 41, Idaho Code, chapter 26, title 54, Idaho Code, and chapter 32 10, title 54, Idaho Code, and shall be subject to the jurisdiction of the 33 state division of building safety and the state fire marshal for purposes of 34 all plan reviews, permitting and inspections. In performing such plan reviews, 35 permitting and inspections, the division of building safety and the state fire 36 marshal shall route building plans to affected local government agencies, and 37 shall take into consideration local government comments and ordinances and 38 shall promptly notify the local jurisdictions of actions taken and the reasons 39 therefor, and transmit to the local jurisdictions copies of final building 40 plans. 41 (3) All buildings and other facilities owned by anyone other than state 42 government agencies or entities which are constructed or renovated specifi- 43 cally for use or occupancy by any state agency or entity shall conform to all 2 1 state adopted codes and standards. Nothing in this subsection shall limit the 2 authority of local governments to issue permits, review plans and provide a 3 full range of building code enforcement activities for such buildings. 4 (4) The followingisare exempt from the provisions of this chapter: 5 (a) Equipment used primarily for industrial chemical process purposes and 6 for mineral extraction and mineral processing purposes. This exemption 7 shall not include the erection and fabrication of new boilers, pressure 8 vessels and other equipment as required to condition the building for per- 9 sonnel comfort and safety. Equipment in this regard shall mean and shall 10 be limited to facilities or installations for heating, ventilating, air 11 conditioning, refrigerating equipment, elevators, dumbwaiters, escalators, 12 and boilers and pressure vessels associated with building heating systems. 13 (b) Modular buildings as defined in subsection (12) of section 39-4105, 14 Idaho Code, that are constructed in the state of Idaho for installation on 15 building sites outside the state; provided however, that no modular build- 16 ing shall be installed on a building site in the state of Idaho until it 17 has been approved and bears the insignia of approval of the division as 18 being in compliance with the requirements set forth in section 39-4121, 19 Idaho Code. 20 SECTION 2. That Section 39-4105, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-4105. DEFINITIONS. As used in this chapter, the terms defined in this 23 section shall have the following meanings, unless the context clearly indi- 24 cates another meaning. Where terms are not defined in this chapter and are 25 defined in the currently adopted International Building Code published by the 26 International Code Council, such terms shall have the meanings ascribed to 27 them in that code: 28 (1) "Administrator" means the administrator of the division of building 29 safety for the state of Idaho. 30 (2) "Board" means the Idaho building code board, herein created. 31 (3) "Building inspector" means a person who inspects buildings or struc- 32 tures for compliance with the provisions of this chapter. 33 (4) "Closed construction" means any manufactured building or building 34 component which may enclose factory installed structural, mechanical, electri- 35 cal or plumbing systems and is not open for visual inspection at the building 36 site. 37 (5) "Commercial coach" means a modular building equipped with the neces- 38 sary service connections and made so as to be readily movable as a unit on its 39 own running gear and originally designated to be used without a permanent 40 foundation. 41 (6) "Construction" means the erection, fabrication, reconstruction, demo- 42 lition, alteration, conversion, or repair of a building, or the installation 43 of equipment therein normally a part of the structure. 44 (7) "Division" means the state of Idaho division of building safety. 45 (8) "International Fire Code" means the International Fire Code as pub- 46 lished by the International Code Council. 47 (9) "Local government" means any city or county of this state. 48 (10) "Manufactured home" means a structure, constructed after June 15, 49 1976, in accordance with the HUD manufactured home construction and safety 50 standards, and is transportable in one (1) or more sections, which, in the 51 traveling mode, is eight (8) body feet or more in width or is forty (40) body 52 feet or more in length, or when erected on site, is three hundred twenty (320) 53 or more square feet, and which is built on a permanent chassis and designed to 3 1 be used as a dwelling with or without a permanent foundation when connected to 2 the required utilities, and includes the plumbing, heating, air conditioning, 3 and electrical systems contained therein, except that such term shall include 4 any structure which meets all the requirements of this paragraph except the 5 size requirements and with respect to which the manufacturer voluntarily files 6 a certification required by the secretary of housing and urban development and 7 complies with the standards established under 42 U.S.C. section 5401 et seq. 8 (11) "Mobile home" means a factory-assembled structure or structures gen- 9 erally constructed prior to June 15, 1976, and equipped with the necessary 10 service connections and made so as to be readily movable as a unit or units on 11 their own running gear and designed to be used as a dwelling unit or units 12 with or without a permanent foundation. 13 (12) "Modular building" means any building or building component, other 14 than a manufactured or mobile home, which isconstructed according to codes15and standards adopted by the division of building safety, which isof closed 16 construction and is either entirely or substantially prefabricated or assem- 17 bled at a place other than the building site. 18 (13) "Telecommunications facilities" means all wires, cables, equipment, 19 apparatus or other installations necessary to furnish service, by which there 20 is accomplished or may be accomplished, the sending or receiving of informa- 21 tion, data, message writing signs, signals, pictures, and sounds of all kinds, 22 by aid of such wires, cables, equipment, apparatus or other installations, but 23 shall not include the habitable structure in which such telecommunications 24 facilities are housed. 25 SECTION 3. That Section 39-4107, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-4107. POWERS AND DUTIES. (1) The board shall continually study the 28 operation of adopted codes, standards and rules relating to the construction 29 of buildings or facilities under the jurisdiction of the division to ascertain 30 their effect upon the public safety and shall support an ongoing effort to 31 promote the uniform adoption, application and interpretation of safety, acces- 32 sibility and building codes statewide. The board shall have the authority to 33 adopt and enforce the codes specified in section 39-4109, Idaho Code, or later 34 editions of such codes, and to promulgate rules in accordance with chapter 52, 35 title 67, Idaho Code, to implement the provisions of this chapter. 36 (2) The board shall function as a board of appeals for the division as 37 prescribed in the adopted building code. The board shall have no authority to 38 waive any requirements of the codes enumerated in this chapter or in rules 39 promulgated pursuant to this chapter. Provided further: 40 (a) The decisions of the board shall be final, and the board shall render 41 all decisions and findings in writing to the appellant and the administra- 42 tor within ten (10) working days of the conclusion of a hearing; and 43 (b) For each appeal brought before the board, the chairman shall appoint 44 not less than three (3) members of the board to hear the appeal and render 45 a decision and finding in the name of the board. 46 (3) The board shall utilize experts, consultants, and technical advisors 47 for assistance and recommendations relative to codes, standards, and appeals. 48 (4) The administrator may make building code inspections for another 49 state or local jurisdiction upon request by an appropriate building official. 50 Such inspections shall be made in accordance with the applicable building 51 codes of the requesting jurisdiction. Fees charged for such inspection ser- 52 vices shall be as provided in rules promulgated by the board pursuant to chap- 53 ter 52, title 67, Idaho Code. 4 1 (5) Notwithstanding the exemptions provided in subsection (4)(b) of sec- 2 tion 39-4103, Idaho Code, the administrator may make inspections of modular 3 buildings constructed in Idaho upon written request from the manufacturer. 4 (a) Such inspections shall be made in accordance with the codes adopted 5 in this chapter. 6 (b) Inspection fees shall be as promulgated in board rule and shall be 7 paid prior to the inspection. 8 (c) The administrator of the division of building safety may issue an 9 insignia of approval if the buildings are in compliance with the require- 10 ments set forth in section 39-4121, Idaho Code. 11 SECTION 4. That Chapter 10, Title 54, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 54-1001D, Idaho Code, and to read as follows: 14 54-1001D. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL 15 AND CERTIFICATION. (1) Notwithstanding the exemption provided in subsection 16 (1)(c) of section 54-1016, Idaho Code, the administrator of the division of 17 building safety may make electrical inspections of any modular building upon 18 written request from the manufacturer. 19 (a) Inspections shall be made in accordance with the codes adopted in 20 this chapter. 21 (b) Inspection fees shall be as promulgated in board rule and shall be 22 paid prior to the inspection. 23 (c) The administrator may issue inspection tags for inspections if the 24 buildings are in compliance with the codes adopted in this chapter. 25 (2) The administrator of the division of building safety is hereby autho- 26 rized to make inspections of electrical installations as set forth herein and 27 to issue inspection tags covering such installations. 28 SECTION 5. That Section 54-1005, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-1005. RULES -- INSPECTIONS -- INSPECTION TAGS AND FEES. (1) The admin- 31 istrator of the division of building safety is hereby authorized and directed 32 to enforce rules consistent with this act for the administration of this act 33 and to effectuate the purposes thereof, and for the examination and licensing 34 of electrical contractors, journeyman electricians, master electricians, spe- 35 cialty electricians, specialty electrical contractors, specialty electrical 36 trainees and apprentice electricians,s all suchand to make inspections of 37 electrical installations referred to in section 54-1001, Idaho Code, and to 38 issue inspection tags covering such installations, and to collect the fees 39 established therefor. 40 (2) The administrator of the division of building safety may make elec- 41 trical inspections for another state or local jurisdiction upon request by an 42 appropriate building official. Such inspections shall be made in accordance 43 with the applicable electrical codes of the requesting jurisdiction. Fees 44 charged for such inspection services shall be as provided in the rules promul- 45 gated by the board. 46 (3) Individuals, firms, cooperatives, corporations, or municipalities 47 selling electricity, hereinafter known as the power supplier, shall not con- 48 nect with or energize any electrical installation, coming under the provisions 49 of this act, unless the owner or a licensed electrical contractor has deliv- 50 ered to the power supplier an inspection tag, issued by the administrator, 51 covering the installation to be energized. Immediately after an installation 5 1 has been energized, the power supplier shall deliver to the administrator or 2 his authorized agent, the inspection tag covering such installation. 3 (34) It shall be unlawful for any person, partnership, company, firm, 4 association or corporation other than a power supplier, to energize any elec- 5 trical installation coming under the provisions of this act unless an applica- 6 tion for an electrical inspection tag, covering such installation, together 7 with the inspection fee herein provided, has been forwarded to the administra- 8 tor. 9 SECTION 6. That Section 54-1016, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-1016. EXEMPTIONS. (1) Nothing in thisactchapter shall be deemed to 12 apply to: 13 (a) Tthe installation or maintenance of communication circuits, wires and 14 apparatus;nor to15 (b) Aany electrical public utility, or its employees, in the installation 16 and maintenance of electrical wiring, circuits, apparatus and equipment by 17 or for such public utility, or comprising a part of its plants, lines or 18 system; 19 (c) Modular buildings as defined in section 39-4105, Idaho Code, that are 20 constructed in the state of Idaho for installation on building sites out- 21 side the state; provided however, that no modular building shall be 22 installed on a building site in the state of Idaho until it has been 23 approved and bears the insignia of approval of the division as being in 24 compliance with the requirements set forth in section 39-4121, Idaho Code. 25 (2) The licensing provisions of thisactchapter shall not apply to per- 26 sons making electrical installations on their own property or to regularly 27 employed maintenance electricians working on the premises of their employer. 28 SECTION 7. That Section 54-2602, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-2602. EXCEPTIONS. Certificate of competency requirements of thisact31 chapter shall not be deemed to apply to: 32 (a) Any person who does plumbing work in a single or duplex family dwell- 33 ing, including accessory buildings, quarters and grounds in connection with 34 such dwelling; provided that such person owns or is a contract purchaser of 35 the premises, and provided further that such person shall comply with the min- 36 imum standards and rules applicable to plumbing practices provided by thisact37 chapter. 38 (b) Farm buildings located outside the incorporated limits of any city 39 unless such buildings are connected to a public water or sewer system; and a 40 farm is hereby defined to be an agricultural unit on which the owner or occu- 41 pant resides and from which the owner or occupant derives his principal income 42 and livelihood. 43 (c) Logging, mining or construction camps when plumbing installations are 44 made to conform with the recommendations of the department of health and wel- 45 fare. 46 (d) Piping systems in industrial processing plants located outside the 47 incorporated limits of any city unless such systems are connected to a public 48 water or sewer system. 49 (e) Work on plumbing systems on premises owned or operated by an employer 50 who regularly employs maintenance or construction plumbers, provided that 51 alterations, extensions and new construction shall comply with the minimum 6 1 standards and rules applicable to plumbing practices provided by thisact2 chapter. 3 (f) Nothing contained in this section or any other provision of this code 4 shall be construed or applied to require a sewer contractor, sewage disposal 5 contractor, or any excavating or utility contractor who generally engages in 6 the business of installing, altering or repairing sewers, private and public 7 sewage disposal systems, and water distribution and/or drainage lines outside 8 the foundation walls of any building or structure, to obtain a valid 9 contractor's certificate of competency or to employ only journeymen plumbers 10 possessing a valid journeyman plumber's certificate of competency or registra- 11 tion, or to in any way require that his employees be registered, licensed or 12 declared competent by the board. 13 (g) Water treatment installations and repairs when installed in residen- 14 tial or business properties, provided the same when installed, repaired or 15 completed, shall be inspected by a designated, qualified and properly identi- 16 fied agent of the division of building safety as to quality of workmanship and 17 compliance with the applicable provisions of thisactchapter. 18 (h) Plumbing work within modular buildings as defined in section 39-4105, 19 Idaho Code, that are constructed in the state of Idaho for installation on 20 building sites outside the state; provided however, that no modular building 21 shall be installed on a building site in the state of Idaho until it has been 22 approved and bears the insignia of approval of the division as being in com- 23 pliance with the requirements set forth in section 39-4121, Idaho Code. 24 Any person, firm,co-partnershipcopartnership, association or corporation 25 making water treatment installations and/or repairs in accordance with the 26 provisions of this act shall maintain a surety bond in the amount of two thou- 27 sand dollars ($2,000). 28 SECTION 8. That Section 54-2607, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-2607. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY -- POWERS AND 31 DUTIES. The administrator shall exercise such powers and duties as are reason- 32 ably necessary to enforce the minimum standards provided in this act, and he 33 may among other things: 34 (a) Prescribe and establish procedures to effectuate the efficient 35 enforcement of this act not herein prescribed. 36 (b) Serve as secretary to the Idaho plumbing board. 37 (c) Appoint licensed staff inspectors who shall be authorized to enter 38 and inspect by and through a properly identified person, at reasonable hours, 39 plumbing and plumbing systems. 40 (d) Make plumbing inspections for another state or local jurisdiction 41 upon request by an appropriate building official. Such inspections shall be 42 made in accordance with the applicable plumbing codes of the requesting juris- 43 diction. Fees charged for such inspection services shall be as provided in 44 the rules promulgated by the board. 45 (e) Summon witnesses to appear and testify before him on any matter 46 within the provisions of this act. No person shall be required to testify out- 47 side the county wherein he resides or where his principal place of business is 48 located. Such summons to testify shall be issued and served in like manner as 49 a subpoena to witness issued from the district court, or in other manner con- 50 sistent with the procedure of the division of building safety. In case any 51 witness shall fail or refuse to appear and testify upon being summoned as 52 herein provided, the clerk of the district court of the county shall upon 53 demand by the administrator or his designated agent, issue a subpoena reciting 7 1 the demand therefor and summoning the witness to appear and testify at a time 2 and place fixed. Violation of such subpoena or disobedience thereto shall be 3 deemed and punished as a violation of any other subpoena issued from the dis- 4 trict court. 5 (ef) Administer oaths and take affirmations of witnesses appearing before 6 him; and have the power to appoint competent persons to issue subpoenas, 7 administer oaths and take testimony. It shall be the duty of the administrator 8 to give notice to cities which supply sewer service to areas outside their 9 city limits and who have requested in writing such notice from the administra- 10 tor of all permits issued relative to sewer installations. The notice shall be 11 given within ten (10) days from the date the permit was requested for such 12 installation. The notice shall contain a map of the physical location of the 13 installation and reference to the date of inspection if the city so requests. 14 SECTION 9. That Chapter 26, Title 54, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 54-2622A, Idaho Code, and to read as follows: 17 54-2622A. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL 18 AND CERTIFICATION. Notwithstanding the exception provided in subsection (h) of 19 section 54-2602, Idaho Code, the administrator of the division of building 20 safety may make plumbing inspections of any modular building upon written 21 request from the manufacturer. 22 (1) Inspections shall be made in accordance with the codes adopted in 23 this chapter. 24 (2) Inspection fees shall be as promulgated in board rule and shall be 25 paid prior to the inspection. 26 (3) The administrator may issue inspection tags for inspections if the 27 buildings are in compliance with the codes adopted in this chapter. 28 SECTION 10. An emergency existing therefor, which emergency is hereby 29 declared to exist, this act shall be in full force and effect on and after its 30 passage and approval.
STATEMENT OF PURPOSE RS 13721C2 This legislation would exempt a modular building, manufactured in Idaho and exported from the state, from various building, electrical and plumbing codes and requirements. The legislation authorizes the division of building safety to conduct building, electrical and plumbing inspections upon request from other jurisdictions. The legislation also authorizes the division to conduct building, electrical and plumbing inspections upon request from manufacturers and to issue inspection tags for those inspections. FISCAL NOTE No fiscal impact. All inspection costs are recovered through fees. Contact: Jack Lyman Idaho Manufactured Housing Association 342.0031 STATEMENT OF PURPOSE/FISCAL NOTE H 585