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H0132...........................................................by BUSINESS
DIVISION OF BUILDING SAFETY - Amends existing law relating to the Division
of Building Safety to revise provisions applicable to exemptions related to
electrical contractors and journeymen; to revise provisions applicable to
exceptions related to plumbing; to set forth provisions clarifying
certification, licensing and permitting requirements related to heating,
ventilation and air conditioning systems; and to provide for the
promulgation of fee rules.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Bus
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Rusche
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Com/HuRes
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Werk
NAYS -- None
Absent and excused -- Gannon, Stennett
Floor Sponsor - Coiner
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/27 Governor signed
Session Law Chapter 197
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 132
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 54-1016, IDAHO
3 CODE, TO REVISE PROVISIONS APPLICABLE TO EXEMPTIONS RELATED TO ELECTRICAL
4 CONTRACTORS AND JOURNEYMEN AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
5 SECTION 54-2602, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO EXCEPTIONS
6 RELATED TO PLUMBING; AMENDING SECTION 54-2610, IDAHO CODE, TO PROVIDE A
7 CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
8 TION 54-2620, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO MAKE
9 TECHNICAL CORRECTIONS; AMENDING SECTION 54-2622A, IDAHO CODE, TO PROVIDE A
10 CORRECT CODE REFERENCE; AMENDING SECTION 54-5015, IDAHO CODE, TO REVISE
11 DESCRIPTIVE LANGUAGE AND TO SET FORTH PROVISIONS CLARIFYING CERTIFICATION,
12 LICENSING AND PERMITTING REQUIREMENTS RELATED TO HEATING, VENTILATION AND
13 AIR CONDITIONING SYSTEMS; AND AMENDING SECTION 54-5016, IDAHO CODE, TO
14 REVISE PERMITTING REQUIREMENTS RELATED TO HEATING, VENTILATION AND AIR
15 CONDITIONING SYSTEMS AND TO PROVIDE FOR THE PROMULGATION OF FEE RULES.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 54-1016, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 54-1016. EXEMPTIONS. (1) Nothing in this chapter shall be deemed to apply
20 to:
21 (a) Any regulated utility, telephone company, rural telephone cooperative
22 or municipal communications utility, or their its employees, in the
23 installation or maintenance of communication circuits, wires and apparatus
24 by or for such entities or their communications service customers;
25 (b) Any electrical public utility, or its employees, in the installation
26 and maintenance of electrical wiring, circuits, apparatus and equipment by
27 or for such public utility, or comprising a part of its plants, lines or
28 system;
29 (c) Modular buildings as defined in section 39-4105, Idaho Code, that are
30 constructed in the state of Idaho for installation on building sites out-
31 side the state; provided however, that no modular building shall be
32 installed on a building site in the state of Idaho until it has been
33 approved and bears the insignia of approval of the division as being in
34 compliance with the requirements set forth in section 39-4121, Idaho Code.
35 (2) The licensing provisions of this chapter shall not apply to:
36 (a) Any property owner performing electrical work in the owner's primary
37 or secondary residence or associated outbuildings;
38 (b) Any person regularly employed as a maintenance electrician performing
39 electrical maintenance work on the premises of the person's employer;
40 (c) Any telephone company, rural telephone cooperative, or municipal com-
41 munications utility, their its employees, their its subsidiaries, and
42 employees of the subsidiaries performing work on customer-owned facilities
43 under the exclusive control of the telephone company, rural telephone
2
1 cooperative, or municipal communications utility;
2 (d) Any telephone company, rural telephone cooperative, or municipal com-
3 munications utility, their its employees, their its subsidiaries, and
4 employees of the subsidiaries performing repair work on customer-owned
5 facilities at the request of the customer;
6 (e) Any electrical public utility, rural electrical cooperative, munici-
7 pal power utility, their its employees, their its subsidiaries, and
8 employees of the subsidiaries performing work on customer-owned facilities
9 under the exclusive control of the electrical public utility, rural elec-
10 trical cooperative, or municipal power utility; and
11 (f) Any electrical public utility, rural electrical cooperative, munici-
12 pal power utility, their its employees, their its subsidiaries, and
13 employees of the subsidiaries performing emergency repair work on
14 customer-owned facilities at the request of the customer.
15 (3) The licensing provisions of this chapter shall not apply to individu-
16 als licensed pursuant to chapter 50, title 54, Idaho Code, or certificated
17 pursuant to chapter 26, title 54, Idaho Code, as follows:
18 (a) Individuals holding a current heating, ventilation and air condition-
19 ing (HVAC) license or a current plumbing certification may install elec-
20 trical circuitry from the disconnecting means to a water heater and elec-
21 trical connections to the water heater as long as the disconnect is in
22 sight from the unit and the circuit from the disconnecting means to the
23 water heater is no more than fifty (50) feet long.
24 (b) Individuals holding a current HVAC license may install:
25 (i) Electrical space heaters with no attached ductwork;
26 (ii) Electrical connections to HVAC equipment from the disconnecting
27 means to the unit as long as the disconnect is in sight from the unit
28 and the circuit from the disconnecting means to the HVAC equipment is
29 no more than fifty (50) feet long; and
30 (iii) Ventilating fans, except ducted range hoods in residences.
31 (c) HVAC licensees may install control wiring of twenty-four (24) volt or
32 less for HVAC equipment of five (5) tons or less in capacity. Plumbing
33 certificate holders are not authorized to install control wiring in HVAC
34 equipment, regardless of voltage.
35 (4) To the extent that a plumbing or HVAC installation permit issued by
36 the Idaho division of building safety includes any part of an electrical
37 installation, the permit issued and inspection performed shall be sufficient
38 to satisfy the permitting and inspecting requirements of this chapter if all
39 required permit fees have been paid.
40 SECTION 2. That Section 54-2602, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 54-2602. EXCEPTIONS. (1) Certificate of competency requirements of this
43 chapter shall not be deemed to apply to:
44 (a) Any person who does plumbing work in a single or duplex family dwell-
45 ing, including accessory buildings, quarters and grounds in connection
46 with such dwelling; provided that such person owns or is a contract pur-
47 chaser of the premises, and provided further that such person shall comply
48 with the minimum standards and rules applicable to plumbing practices pro-
49 vided by this chapter.
50 (b) Farm buildings located outside the incorporated limits of any city
51 unless such buildings are connected to a public water or sewer system; and
52 a farm is hereby defined to be an agricultural unit on which the owner or
53 occupant resides and from which the owner or occupant derives his princi-
3
1 pal income and livelihood.
2 (c) Logging, mining or construction camps when plumbing installations are
3 made to conform with the recommendations of the department of health and
4 welfare.
5 (d) Piping systems in industrial processing plants located outside the
6 incorporated limits of any city unless such systems are connected to a
7 public water or sewer system.
8 (e) Work on plumbing systems on premises owned or operated by an employer
9 who regularly employs maintenance or construction plumbers, provided that
10 alterations, extensions and new construction shall comply with the minimum
11 standards and rules applicable to plumbing practices provided by this
12 chapter.
13 (f) Nothing contained in this section or any other provision of this code
14 shall be construed or applied to require a sewer contractor, sewage dis-
15 posal contractor, or any excavating or utility contractor who generally
16 engages in the business of installing, altering or repairing sewers, pri-
17 vate and public sewage disposal systems, and water distribution and/or
18 drainage lines outside the foundation walls of any building or structure,
19 to obtain a valid contractor's certificate of competency or to employ only
20 journeymen plumbers possessing a valid journeyman plumber's certificate of
21 competency or registration, or to in any way require that his employees be
22 registered, licensed or declared competent by the board.
23 (g) Water treatment installations and repairs when installed in residen-
24 tial or business properties, provided the same when installed, repaired or
25 completed, shall be inspected by a designated, qualified and properly
26 identified agent of the division of building safety as to quality of
27 workmanship and compliance with the applicable provisions of this chapter.
28 (h) Plumbing work within modular buildings as defined in section 39-4105,
29 Idaho Code, that are constructed in the state of Idaho for installation on
30 building sites outside the state; provided however, that no modular build-
31 ing shall be installed on a building site in the state of Idaho until it
32 has been approved and bears the insignia of approval of the division as
33 being in compliance with the requirements set forth in section 39-4121,
34 Idaho Code.
35 (i) Individuals licensed pursuant to chapter 10, title 54, Idaho Code, or
36 chapter 50, title 54, Idaho Code, as follows:
37 (i) Individuals holding a current HVAC or electrical license may
38 install electrical circuitry from the disconnecting means to a water
39 heater and electrical connections to the water heater as long as the
40 disconnect is in sight from the unit and the circuit from the discon-
41 necting means to the water heater is no more than fifty (50) feet
42 long.
43 (ii) Individuals holding a current HVAC license may install gas pip-
44 ing and piping for hydronic systems.
45 (iii) Individuals holding a current HVAC license may install boilers
46 that are not otherwise subject to inspection by the industrial com-
47 mission or its authorized agent.
48 (2) To the extent that an electrical or HVAC installation permit issued
49 by the Idaho division of building safety includes any part of a plumbing
50 installation, the permit issued and inspection performed shall be sufficient
51 to satisfy the permitting and inspecting requirements of this chapter if all
52 required permit fees have been paid.
53 (3) Any person, firm, copartnership, association or corporation making
54 water treatment installations and/or repairs in accordance with the provisions
55 of this act chapter shall maintain a surety bond in the amount of two thousand
4
1 dollars ($2,000).
2 SECTION 3. That Section 54-2610, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-2610. CERTIFICATE A PREREQUISITE. It shall be unlawful for any person
5 or firm, copartnership, association or corporation, to engage in the business,
6 trade, practice or work of plumbing in this state after the adoption of this
7 act chapter, unless such person, or responsible person representing such firm,
8 copartnership, association or corporation, has successfully passed an examina-
9 tion as provided herein and has issued to him a state certificate of compe-
10 tency, which shall not be transferable, and said certificates of competency
11 shall not be required for sewer contractors, sewage disposal contractors, or
12 any excavating or utility contractors, or for their employees, as set forth
13 and defined in section 54-2602(1)(f), Idaho Code.
14 SECTION 4. That Section 54-2620, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 54-2620. PERMITS REQUIRED -- EXCEPTIONS. It shall be unlawful for any
17 person, firm, copartnership, association or corporation to do, or cause or
18 permit to be done, after the adoption of this act, whether acting as princi-
19 pal, agent or employee, any construction, installation, improvement, extension
20 or alteration of any plumbing system in any building, residence or structure,
21 or service lines thereto, in the state of Idaho, without first procuring a
22 permit from the division of building safety authorizing such work to be done,
23 except:
24 (a1) Within the boundaries of incorporated cities, including those spe-
25 cially chartered, where such work is regulated and enforced by an ordinance or
26 code equivalent to this act chapter;
27 (b2) Within such additional area within five (5) miles of the city limits
28 over which such city has elected to exercise jurisdiction relative to building
29 drains and building sewers pursuant to section 50-606, Idaho Code, on build-
30 ings, residences and structures being converted from an on-site sewage dis-
31 posal system to a sewage disposal system supplied by the said city, where such
32 work is regulated and enforced by an ordinance or code equivalent to this act
33 chapter. Cities shall provide the division of building safety written notice
34 of the area over which such jurisdiction will be exercised. No city may exer-
35 cise such jurisdiction within the limits of another city unless both cities
36 have agreed by ordinance to allow such jurisdiction. For purposes of this act
37 chapter building drain and building sewer will be defined according to the
38 definition found in the uniform plumbing code or as adopted by the board, pur-
39 suant to section 54-2601, Idaho Code.
40 Permits shall be issued only to a person, or to a firm, copartnership,
41 association or corporation represented by a person holding a valid certificate
42 of competency, or to a person who does his own work in a family dwelling as
43 defined in section 54-2602(1)(a), Idaho Code, except that permits shall not be
44 required for plumbing work as defined in section 54-2602(1)(b), (1)(c), and
45 (1)(d), Idaho Code.
46 Provided, a licensed plumber is hereby authorized, after making applica-
47 tion for permit and pending receipt of permit, to proceed and complete
48 improvements or alterations to plumbing systems, when the cost of said
49 improvement or alteration does not exceed the sum of five hundred dollars
50 ($500). Inspection of such work shall be the responsibility of the permit
51 holder pending an official inspection, which shall be made within sixty (60)
5
1 days after notification of inspection.
2 SECTION 5. That Section 54-2622A, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-2622A. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL
5 AND CERTIFICATION. Notwithstanding the exception provided in subsection (1)(h)
6 of section 54-2602, Idaho Code, the administrator of the division of building
7 safety may make plumbing inspections of any modular building upon written
8 request from the manufacturer.
9 (1) Inspections shall be made in accordance with the codes adopted in
10 this chapter.
11 (2) Inspection fees shall be as promulgated in board rule and shall be
12 paid prior to the inspection.
13 (3) The administrator may issue inspection tags for inspections if the
14 buildings are in compliance with the codes adopted in this chapter.
15 SECTION 6. That Section 54-5015, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 54-5015. EXCLUSIVE JURISDICTION OF THE STATE -- RESTRICTION ON REQUIRE-
18 MENT FOR ADDITIONAL LICENSES OR FEES -- CLARIFICATION OF CERTIFICATION,
19 LICENSING AND PERMITTING REQUIREMENTS. (1) Only the administrator of the divi-
20 sion of building safety of the state of Idaho is authorized and empowered to
21 conduct examinations and to pass upon the qualifications of applicants, and
22 to grant and issue certificates of competency and registration of apprentices
23 to such applicants as are found to be qualified to engage in the trade, busi-
24 ness, work or practice of heating, ventilation and air conditioning.
25 (2) No local jurisdiction shall have the authority to require additional
26 certification or registration or to require payment of any fees in order for
27 any HVAC contractor, specialty contractor, journeyman, specialty journeyman,
28 apprentice, or specialty apprentice to engage in the heating, ventilation and
29 air conditioning trade within the local jurisdiction or to issue certificates
30 to persons certified or registered under the provisions of this chapter.
31 (3) Nothing in this chapter shall restrict a city or county from imposing
32 stricter public safety rules, notwithstanding any provision of Idaho Code.
33 (4) A certificate issued pursuant to chapter 26, title 54, Idaho Code, or
34 a license issued pursuant to chapter 10, title 54, Idaho Code, shall be
35 acceptable for all HVAC installation work that falls within the scope of the
36 certificate or license that has been issued. This will allow:
37 (a) Individuals holding a current HVAC or electrical license or a current
38 plumbing certification to install electrical circuitry from the discon-
39 necting means to a water heater and electrical connections to the water
40 heater as long as the disconnect is in sight from the unit and the circuit
41 from the disconnecting means to the water heater is no more than fifty
42 (50) feet long;
43 (b) Individuals holding a current HVAC or electrical license to install:
44 (i) Electrical space heaters with no attached ductwork;
45 (ii) Electrical connections to HVAC equipment from the disconnecting
46 means to the unit as long as the disconnect is in sight from the unit
47 and the circuit from the disconnecting means to the HVAC equipment is
48 no more than fifty (50) feet long; and
49 (iii) Ventilating fans, except ducted range hoods in residences;
50 (c) Individuals holding either an HVAC license or plumbing certification
51 to install:
6
1 (i) Boilers that are not otherwise subject to inspection by the
2 industrial commission or its authorized agent; and
3 (ii) Gas piping and piping for hydronic systems; and
4 (d) HVAC licensees to install control wiring of twenty-four (24) volts or
5 less for HVAC equipment of five (5) tons or less in capacity.
6 (5) Notwithstanding any other provision of this section, plumbing certif-
7 icate holders are not authorized to install control wiring in HVAC equipment,
8 regardless of voltage.
9 SECTION 7. That Section 54-5016, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-5016. PERMITS REQUIRED -- EXCEPTION -- LOCAL GOVERNMENT FEES ALLOWED.
12 (1) On and after January 1, 2005, it shall be unlawful for any person, firm,
13 partnership, company, association or corporation to do or cause to be done,
14 whether acting as principal, agent or employee, any construction, installa-
15 tion, improvement, extension or alteration of any heating, ventilation or air
16 conditioning system, in any building, residence or structure in the state of
17 Idaho, without first obtaining a permit from the authority having jurisdic-
18 tion, authorizing such work to be done, except that no permit shall be
19 required to perform work related to repair or maintenance of an existing HVAC
20 system.
21 (2) To the extent that a plumbing or electrical installation permit
22 issued by the Idaho division of building safety includes any part of an HVAC
23 system installation, or an HVAC installation permit issued by the division
24 includes any part of a plumbing or electrical installation, the permit issued
25 and inspection performed shall be sufficient to satisfy the permitting and
26 inspection requirements of the other division entities.
27 (3) The plumbing, HVAC and electrical boards shall promulgate rules
28 adopting fees that will allow the division of building safety entity issuing a
29 permit to charge, in addition to the permit fee it would originally charge,
30 additional permit fees that relate to the HVAC portion of an installation for
31 which a plumbing or electrical installation permit is being obtained, or the
32 electrical and plumbing portions of an installation for which an HVAC permit
33 is being obtained.
34 (4) No provision of this chapter shall preclude local governments from
35 collecting fees for permits and inspections where such work is regulated and
36 enforced by city or county code or ordinance. Municipalities may also require
37 fees for permits and inspections in areas designated by local code or ordi-
38 nance as areas of city impact.
STATEMENT OF PURPOSE
RS 16503
This legislation is intended to simplify the licensure or
certification, permitting, inspection, and inspection fee
requirements for HVAC installations, as well as those portions of
certain plumbing and electrical installations that may be impacted
by the installation of HVAC equipment. Currently, the state
plumbing, electrical, and HVAC boards issue licenses or
certificates and permits, perform inspections, and charge fees.
This creates issues with respect to the number of permits and
inspections that are necessary, in order to perform work that may
involve some or all of these three disciplines.
FISCAL NOTE
There will be no impact to the state's General Fund.
Contact
Name: Kelly Pearse, Division of Building Safety
Phone: (208) 332-7100
STATEMENT OF PURPOSE/FISCAL NOTE H 132