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H0121...........................................................by BUSINESS HEATING, VENTILATION AND AIR CONDITIONING SYSTEM INSTALLATION - Amends existing law relating to heating, ventilation and air conditioning system installation certificate of competency requirements to provide a limited exception for modular buildings; and to authorize the administrator of the Division of Building Safety to make inspections of heating, ventilation and air conditioning systems for other jurisdictions and upon written request from manufacturers. 02/04 House intro - 1st rdg - to printing 02/07 Rpt prt - to Bus 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 62-2-6 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker NAYS -- Martinez, Smith(30) Absent and excused -- Chadderdon, Clark, Henderson, Nonini, Ringo, Stevenson Floor Sponsor - Snodgrass Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Com/HuRes 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 29-5-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet NAYS -- Kelly, Langhorst, Malepeai, Marley, Werk Absent and excused -- Williams Floor Sponsor - Cameron Title apvd - to House 03/08 To enrol 03/09 Rpt enrol - Sp signed 03/10 Pres signed 03/11 To Governor 03/15 Governor signed Session Law Chapter 54 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 121 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYS- 3 TEMS; AMENDING SECTION 54-5002, IDAHO CODE, TO PROVIDE A LIMITED EXCEPTION 4 FOR MODULAR BUILDINGS; AND AMENDING SECTION 54-5006, IDAHO CODE, TO AU- 5 THORIZE THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY TO MAKE 6 INSPECTIONS OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS FOR OTHER 7 JURISDICTIONS AND UPON WRITTEN REQUEST FROM MANUFACTURERS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 54-5002, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 54-5002. EXCEPTIONS. Certificate of competency requirements of this chap- 12 ter shall not apply to: 13 (1) Any person who installs or maintains a heating, ventilation and air 14 conditioning system in a single or duplex family dwelling, including accessory 15 buildings, quarters and grounds in connection with such dwelling; provided 16 that such person owns or is a contract purchaser of the premises; and provided 17 further that such person shall comply with the standards and rules applicable 18 to heating, ventilation and air conditioning installation or repairs as pro- 19 vided in this chapter. 20 (2) Farm buildings located outside the incorporated limits of any city; 21 and a farm is hereby defined to be an agricultural unit on which the owner or 22 occupant resides and from which the owner or occupant derives his principal 23 income and livelihood. 24 (3) Logging, mining or construction camps when heating, ventilation or 25 air conditioning installations are made to conform to the recommendations of 26 the department of health and welfare. 27 (4) Work on heating, ventilation or air conditioning systems on premises 28 owned or operated by an employer who regularly employs maintenance or con- 29 struction heating, ventilation and air conditioning journeymen, provided that 30 alterations, extensions and new construction shall comply with the minimum 31 standards and rules applicable to heating, ventilation and air conditioning 32 practices in accordance with the provisions of this chapter. 33 (5) Modular buildings, as defined in section 39-4105(12), Idaho Code, 34 that are constructed in the state of Idaho for installation on building sites 35 outside the state; provided however, that no modular building shall be 36 installed on a building site in the state of Idaho until it has been approved 37 and bears the insignia of approval of the division as being in compliance with 38 the requirements set forth in section 39-4121, Idaho Code. 39 SECTION 2. That Section 54-5006, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 54-5006. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY. The adminis- 2 1 trator shall exercise such powers and duties as are reasonably necessary to 2 enforce standards provided in this chapter, and he may, among other things: 3 (1) Serve as secretary to the Idaho heating, ventilation and air condi- 4 tioning board. 5 (2) Appoint state mechanical inspectors who shall be authorized to enter 6 and inspect by and through a properly identified person, at reasonable hours, 7 heating, ventilation and air conditioning systems. 8 (3) Make HVAC inspections for another state or local jurisdiction upon 9 request by an appropriate building official. Such inspections shall be made in 10 accordance with the applicable HVAC codes of the requesting jurisdiction. Fees 11 charged for such inspection services shall be as provided in the rules promul- 12 gated by the board. 13 (4) Notwithstanding the exception provided in section 54-5002(5), Idaho 14 Code, the administrator may make inspections of modular buildings constructed 15 in Idaho upon written request from the manufacturer. Such inspections shall be 16 made in accordance with the codes adopted in this chapter. Inspection fees for 17 such inspections shall be as promulgated in board rule and shall be paid prior 18 to the inspection. The administrator may issue an insignia of approval if the 19 buildings are in compliance with the requirements set forth in section 20 39-4121, Idaho Code. 21 (5) Summon witnesses to appear and testify before him on any matter 22 within the provisions of this chapter. No person shall be required to testify 23 outside the county wherein he resides or where his principal place of business 24 is located. Such summons to testify shall be issued and served in like manner 25 as a subpoena to witness issued from the district court, or in other manner 26 consistent with procedure of the division of building safety. In case any wit- 27 ness shall fail or refuse to appear and testify upon being summoned as herein 28 provided, the clerk of the district court of the county shall, upon demand by 29 said administrator or his designated agent, issue a subpoena reciting the 30 demand therefor and summoning the witness to appear and testify at a time and 31 place fixed. Violation of such subpoena or disobedience thereto shall be 32 deemed and punished as a violation of any other subpoena issued from the dis- 33 trict court. 34 ( 46) Administer oaths and take affirmations of witnesses appearing before 35 him or a duly appointed hearing officer; and have the power to appoint compe- 36 tent persons to issue subpoenas, administer oaths and take testimony. 37 ( 57) Impose civil penalties as provided in this chapter and rules of the 38 board.
STATEMENT OF PURPOSE RS 14603 This legislation would exempt a modular building, manufactured in Idaho and exported from the state, from heating, ventilation and air conditioning codes and requirements. The legislation authorizes the division of building safety to conduct heating, ventilation and air conditioning inspections upon request from other jurisdictions. The legislation also authorizes the division to conduct heating, ventilation and air conditioning inspections upon request from manufacturers and to issue inspection tags for those inspections. FISCAL IMPACT No fiscal impact. All inspection costs are recovered through fees. Contact: Jack Lyman Idaho Manufactured Housing Association Phone: 342-0031 STATEMENT OF PURPOSE/FISCAL NOTE H 121