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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 23MOBILEMANUFACTURED HOMESAND24RECREATIONAL 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 stateelectrical and plumbingbuilding code 30 boardsto 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 thisactchapter 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 DEPARTMENTADMINISTRATOR -- DUTIES.(1)Thedirector3 administrator shall by rule define the term "manufactured home" to be consis- 4 tent withnational standards and the use of the term in industry24 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 the9Idaho electrical board and the Idaho plumbing board the administration and10enforcement of such health and safety standards as involve plumbing, heat pro-11ducing 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, thedirectoradministrator 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 28directoradministrator 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) Thedirectoradministrator 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 CFRPart3282. Thedirectoradministrator 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 thedirectoradministrator, 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 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