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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 - 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
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