2006 Legislation
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HOUSE BILL NO. 554 – Building Safety administratr/duties

HOUSE BILL NO. 554

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Bill Status



H0554...........................................................by BUSINESS
BUILDING SAFETY DIVISION - Amends and repeals existing law relating to the
Division of Building Safety to revise the duties of the administrator; to
update references to federal regulations; to repeal a prohibition on the
conversion of systems following issuance of insignia; to repeal language
exempting manufactured homes from local ordinances or regulations; and to
repeal language relating to persons authorized to supervise the
installation of plumbing, heat producing and electrical systems in
manufactured homes.
                                                                        
02/06    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
02/22    3rd rdg - PASSED - 45-23-2
      AYES -- Anderson, Barraclough, Bastian, Bell, Bilbao, Black, Block,
      Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Deal,
      Denney, Field(18), Field(23), Garrett, Henbest, Henderson, Jaquet,
      Kemp, LeFavour, Martinez, Miller, Mitchell, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Rusche, Sayler, Shepherd(2), Shirley,
      Skippen, Smith(30), Smylie(Luker), Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Andrus, Barrett, Bayer, Bedke, Clark, Crow, Ellsworth, Hart,
      Harwood, Lake, Loertscher, Mathews, McGeachin, McKague, Moyle,
      Nielsen, Roberts, Rydalch, Sali(Sali), Schaefer, Shepherd(8),
      Smith(24), Wood
      Absent and excused -- Edmunson, Eskridge
    Floor Sponsor - Miller
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Com/HuRes
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Sweet
    Floor Sponsor - Goedde
    Title apvd - to House
03/10    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed
03/15    To Governor
03/15    Governor signed
         Session Law Chapter 79
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 554
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DIVISION OF BUILDING SAFETY; AMENDING THE HEADING FOR  CHAPTER
  3        40, TITLE 39, IDAHO CODE; AMENDING SECTION 39-4001, IDAHO CODE, TO PROVIDE
  4        CORRECT  TERMINOLOGY; AMENDING SECTION 39-4002, IDAHO CODE, TO REVISE TER-
  5        MINOLOGY; AMENDING SECTION 39-4003, IDAHO CODE, TO REVISE TERMINOLOGY,  TO
  6        REVISE  DUTIES OF THE ADMINISTRATOR AND TO UPDATE REFERENCES TO APPLICABLE
  7        STANDARDS; AMENDING SECTION  39-4003A, IDAHO CODE, TO  REVISE  TERMINOLOGY
  8        AND TO UPDATE REFERENCES TO FEDERAL REGULATIONS; AMENDING SECTION 39-4004,
  9        IDAHO  CODE,  TO  REVISE  TERMINOLOGY  AND  TO MAKE TECHNICAL CORRECTIONS;
 10        REPEALING SECTION 39-4006, IDAHO CODE, RELATING TO A  PROHIBITION  ON  THE
 11        CONVERSION  OF  SYSTEMS  FOLLOWING ISSUANCE OF INSIGNIA; REPEALING SECTION
 12        39-4008, IDAHO CODE, RELATING TO EXEMPTIONS FOR  MANUFACTURED  HOMES  FROM
 13        LOCAL  ORDINANCES  OR  REGULATIONS; REPEALING SECTION 39-4009, IDAHO CODE,
 14        RELATING TO PERSONS AUTHORIZED TO SUPERVISE THE INSTALLATION OF  PLUMBING,
 15        HEAT  PRODUCING AND ELECTRICAL SYSTEMS IN MANUFACTURED HOMES; AND AMENDING
 16        SECTION 67-2601, IDAHO CODE, TO PROVIDE CODE REFERENCES, TO REFERENCE DEP-
 17        UTY ADMINISTRATORS, TO REMOVE A REFERENCE TO RECREATIONAL VEHICLES AND  TO
 18        MAKE TECHNICAL CHANGES.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION  1.  That  the  Heading for Chapter 40, Title 39, Idaho Code,  be,
 21    and the same is hereby amended to read as follows:
                                                                        
 22                                      CHAPTER 40
 23                            MOBILE MANUFACTURED HOMES AND
 24                          RECREATIONAL VEHICLES -- STANDARDS
                                                                        
 25        SECTION 2.  That Section 39-4001, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        39-4001.  ENFORCEMENT  OF LAW. The administrator of the division of build-
 28    ing safety shall enforce the provisions of  this  chapter.  It  shall  be  the
 29    responsibility  and  duty  of  the state electrical and plumbing building code
 30    boards to assist the administrator in the administration  and  enforcement  of
 31    the provisions of this chapter as hereinafter provided.
                                                                        
 32        SECTION  3.  That  Section 39-4002, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        39-4002.  COMPLIANCE WITH LAW REQUIRED. It is  unlawful  for  any  person,
 35    firm, partnership, association or corporation to sell or offer for sale within
 36    this  state  any manufactured home that is not manufactured in compliance with
 37    this act chapter after March 8, 1971.
                                                                        
 38        SECTION 4.  That Section 39-4003, Idaho Code, be, and the same  is  hereby
                                                                        
                                           2
                                                                        
  1    amended to read as follows:
                                                                        
  2        39-4003.  DIRECTOR OF DEPARTMENT ADMINISTRATOR -- DUTIES. (1) The director
  3    administrator  shall by rule define the term "manufactured home" to be consis-
  4    tent with national standards and the use of the term in industry 24  CFR  3280
  5    (housing and urban development manufactured home construction and safety stan-
  6    dards)  and  may delegate enforcement and administration of those standards to
  7    the Idaho building code board.
  8        (2)  Such rule shall be enforced by the director who may delegate  to  the
  9    Idaho  electrical  board  and  the Idaho plumbing board the administration and
 10    enforcement of such health and safety standards as involve plumbing, heat pro-
 11    ducing and electrical systems.
                                                                        
 12        SECTION 5.  That Section 39-4003A, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        39-4003A.  RIGHT  OF  ENTRY.  In  order  to carry out the purposes of this
 15    chapter, the director administrator or his  authorized  representative  shall,
 16    during  regular working hours and at other reasonable times, have the right of
 17    entry to conduct the inspections required by this chapter; the right of  entry
 18    to  make  inspections  to  carry out the duties and responsibilities as an in-
 19    plant inspection agency (IPIA) by the authority granted by the U.S. department
 20    of housing and urban development pursuant to 24 CFR  3282.352  and  362(e)(2);
 21    and the right of entry to make inspections to carry out the duties and respon-
 22    sibilities  as a state administrative agency (SAA) by the authority granted by
 23    the U.S. department of housing  and  urban  development  pursuant  to  24  CFR
 24    3282.305.
                                                                        
 25        SECTION  6.  That  Section 39-4004, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        39-4004.  INSPECTION AND ENFORCEMENT FEES -- SCHEDULE AUTHORIZED. (1)  The
 28    director  administrator  is  authorized to establish a schedule of fees to pay
 29    the cost of inspection and enforcement of this chapter without recourse to tax
 30    subsidies. Such fee schedule shall be consistent with the actual cost of main-
 31    taining the program.
 32        (12)  The director administrator shall be authorized to participate in the
 33    fee distribution system of the U.S. department of housing and  urban  develop-
 34    ment set out in 24 CFR Part 3282. The director administrator shall establish a
 35    monitoring  inspection  fee  in  an amount established by the secretary of the
 36    U.S. department of housing and urban development. This  monitoring  inspection
 37    fee  shall  be  an  amount  paid by each manufactured home manufacturer in the
 38    state for each manufactured home produced by the manufacturer  in  the  state.
 39    This  fee  shall  be in addition to any in-plant inspection agency (IPIA) fees
 40    assessed by the director administrator, which shall  be  consistent  with  the
 41    actual cost of providing such inspections.
 42        (23)  The  monitoring  inspection fee shall be paid by the manufacturer to
 43    the secretary of the U.S. department of  housing  and  urban  development  who
 44    shall  distribute  the fees collected from all manufactured home manufacturers
 45    among the approved and conditionally-approved states based on  the  number  of
 46    new  manufactured  homes  whose first location after leaving the manufacturing
 47    plant is on the premises of a distributor, dealer, or purchaser in that state.
                                                                        
 48        SECTION 7.  That Section 39-4006, Idaho Code, be, and the same  is  hereby
 49    repealed.
                                                                        
                                           3
                                                                        
  1        SECTION  8.  That  Section 39-4008, Idaho Code, be, and the same is hereby
  2    repealed.
                                                                        
  3        SECTION 9.  That Section 39-4009, Idaho Code, be, and the same  is  hereby
  4    repealed.
                                                                        
  5        SECTION  10.  That Section 67-2601, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        67-2601.  DEPARTMENT CREATED -- ORGANIZATION  --  DIRECTOR  --  BUREAU  OF
  8    OCCUPATIONAL  LICENSES  CREATED. (1) There is hereby created the department of
  9    self-governing agencies. The department shall, for the purposes of section 20,
 10    article IV of the constitution  of the state of Idaho, be an executive depart-
 11    ment of the state government.
 12        (2)  The department shall consist of the following:
 13        (a)  Agricultural commodity commissions: Idaho apple commission,  as  pro-
 14        vided  by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
 15        vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
 16        by chapter 29, title 25, Idaho Code; Idaho cherry commission, as  provided
 17        by  chapter  37, title 22, Idaho Code; Idaho dairy products commission, as
 18        provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
 19        sion, as provided by chapter 35, title 22, Idaho Code; Idaho  potato  com-
 20        mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
 21        mission,  as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
 22        commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
 23        aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
 24        (b)  Professional and occupational licensing boards: Idaho state board  of
 25        certified  public  accountancy,  as provided by chapter 2, title 54, Idaho
 26        Code; board of acupuncture, as provided by chapter  47,  title  54,  Idaho
 27        Code;  board  of  architectural examiners, as provided by chapter 3, title
 28        54, Idaho Code; office of the state  athletic  director,  as  provided  by
 29        chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
 30        chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
 31        bar,  as provided by chapter 4, title 3, Idaho Code; board of chiropractic
 32        physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
 33        cosmetology, as provided by chapter 8, title 54, Idaho Code;  Idaho  coun-
 34        selor  licensing  board,  as provided by chapter 34, title 54, Idaho Code;
 35        state board of dentistry, as provided by chapter 9, title 54, Idaho  Code;
 36        state  board  of  denturitry,  as  provided by chapter 33, title 54, Idaho
 37        Code; state board of engineering examiners, as  provided  by  chapter  12,
 38        title  54, Idaho Code; state board for registration of professional geolo-
 39        gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
 40        services licensure board, as provided by chapter 29, title 54, Idaho Code;
 41        Idaho state board of landscape architects,  as  provided  by  chapter  30,
 42        title 54, Idaho Code; liquefied petroleum gas safety board, as provided by
 43        chapter 513, title 54, Idaho Code; state board of medicine, as provided by
 44        chapter  18,  title  54, Idaho Code, and its associated physical therapist
 45        advisory board, as provided by chapter 22, title  54,  Idaho  Code;  state
 46        board  of  morticians,  as  provided  by chapter 11, title 54, Idaho Code;
 47        board of naturopathic medical examiners, as provided by chapter 51,  title
 48        54,  Idaho  Code;  board  of  nurses, as provided by chapter 14, title 54,
 49        Idaho Code; board of examiners of nursing home administrators, as provided
 50        by chapter 16, title 54, Idaho Code; state board of optometry, as provided
 51        by chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as
 52        provided by chapter 21, title 36, Idaho Code; board of pharmacy,  as  pro-
                                                                        
                                           4
                                                                        
  1        vided  by  chapter  17,  title 54, Idaho Code; state board of podiatry, as
  2        provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol-
  3        ogist examiners, as provided by chapter 23, title 54,  Idaho  Code;  Idaho
  4        real  estate  commission, as provided by chapter 20, title 54, Idaho Code;
  5        real estate appraiser board, as provided by chapter 41,  title  54,  Idaho
  6        Code; board of social work examiners, as provided by chapter 32, title 54,
  7        Idaho  Code;  the board of veterinary medicine, as provided by chapter 21,
  8        title 54, Idaho Code; the board of examiners of residential care  facility
  9        administrators,  as  provided by chapter 42, title 54, Idaho Code; and the
 10        board of drinking water and wastewater professionals, as provided by chap-
 11        ter 24, title 54, Idaho Code.
 12        (c)  The board of examiners, pursuant to section 67-2001, Idaho Code.
 13        (d)  The division of building safety, to be headed by a division  adminis-
 14        trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
 15        public works contractor licensing, and logging and industrial safety.  The
 16        division  administrator,  deputy administrators and bureau chiefs shall be
 17        nonclassified employees exempt from the provisions of  chapter  53,  title
 18        67, Idaho Code.
 19             (i)   The  administrator  of the division shall administer the provi-
 20             sions of chapter 40, title 39, Idaho Code, relating  to  manufactured
 21             homes;  and  recreational vehicles; chapter 41, title 39, Idaho Code,
 22             relating to modular buildings; chapter  21,  title  44,  Idaho  Code,
 23             relating to manufactured home dealer and installer licensing; chapter
 24             22, title 44, Idaho Code, relating to manufactured home installation;
 25             chapter 25, title 44, Idaho Code, relating to mobile home rehabilita-
 26             tion;  chapter  10, title 54, Idaho Code, relating to electrical con-
 27             tractors and journeymen; chapter 19, title 54, Idaho  Code,  relating
 28             to licensing of public works contractors; chapter 26, title 54, Idaho
 29             Code,  relating to plumbing and plumbers; chapter 19, title 54, Idaho
 30             Code, relating to public  works  contractor  licensing;  chapter  50,
 31             title 54, Idaho Code, relating to heating, ventilation and air condi-
 32             tioning  systems;  and  shall  perform  such additional duties as are
 33             imposed upon him by law.
 34             (ii)  The division administrator shall cooperate with the  industrial
 35             commission and aid and assist the commission in its administration of
 36             sections 72-720, 72-721 and 72-723, Idaho Code, and at the request of
 37             the commission shall make inspection of appliances, tools, equipment,
 38             machinery,  practices or conditions, and make a written report to the
 39             commission. The administrator shall make recommendations to the  com-
 40             mission  to  aid  the  commission  in  its administration of sections
 41             72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing
 42             herein shall be construed as transferring to the administrator any of
 43             the authority or powers now vested in the industrial commission.
 44        (e)  The division of veterans services to be headed by a division adminis-
 45        trator who shall be a nonclassified employee exempt from the provisions of
 46        chapter 53, title 67, Idaho Code. The administrator of the division  shall
 47        administer  the provisions of chapter 2, title 65, Idaho Code, and chapter
 48        9, title 66, Idaho Code, with the advice of the veterans  affairs  commis-
 49        sion  established under chapter 2, title 65, Idaho Code, and shall perform
 50        such additional duties as are imposed upon him by law.
 51        (3)  The bureau of occupational licenses  is  hereby  created  within  the
 52    department of self-governing agencies.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 15361C1

     The proposed legislation will update Section 67-2601(2)(d),
Idaho Code, as it relates to program administration duties of the
administrator of the Division of Building Safety to reflect
current programs.  The legislation will delete outdated
references to recreational vehicles and incorporate references to
Chapters 22 and 25, Title 44, Idaho Code; Chapter 45, Title 54,
Idaho Code; and Chapter 28, Title 67, Idaho Code.  The
legislation will also update Chapter 40, Title 39, Idaho Code, to
correctly reflect the nature of the current manufactured home
program as established by federal regulations and to make
clerical corrections.


                          FISCAL NOTE


     There will be no fiscal impact from the passage of this
legislation.





CONTACT
Name:     Steve Keys, Bureau Chief
Agency:   Division of Building Safety
Phone:    332-8986

STATEMENT OF PURPOSE/FISCAL NOTE                              H 554