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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 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
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