2005 Legislation
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HOUSE BILL NO. 121 – HVAC installation, modular bldgs

HOUSE BILL NO. 121

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                                   
                       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