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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