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H0140...........................................................by BUSINESS
DIVISION OF BUILDING SAFETY - Amends and adds to existing law relating to
the Division of Building Safety to revise provisions relating to the powers
and duties of the division; to set forth the organization of the Division
of Building Safety; and to set forth the powers and duties of the
administrator of the division.
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
03/01 PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, 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), Stevenson,
Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bock, Boe, Labrador, Snodgrass
Floor Sponsor - Mathews
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Com/HuRes
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bastian
Floor Sponsor - Werk
Title apvd - to House
03/16 To enrol - Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 162
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. 140
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 67-2601, IDAHO
3 CODE, TO DELETE AN OBSOLETE REFERENCE AND TO REVISE PROVISIONS RELATING TO
4 THE POWERS AND DUTIES OF THE DIVISION OF BUILDING SAFETY; AND AMENDING
5 CHAPTER 26, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
6 67-2601A, IDAHO CODE, TO SET FORTH THE ORGANIZATION OF THE DIVISION OF
7 BUILDING SAFETY AND THE POWERS AND DUTIES OF THE ADMINISTRATOR OF THE
8 DIVISION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-2601, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
13 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
14 self-governing agencies. The department shall, for the purposes of section 20,
15 article IV of the constitution of the state of Idaho, be an executive depart-
16 ment of the state government.
17 (2) The department shall consist of the following:
18 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
19 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
20 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
21 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
22 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
23 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
24 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
25 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
26 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
27 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
28 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
29 (b) Professional and occupational licensing boards: Idaho state board of
30 certified public accountancy, as provided by chapter 2, title 54, Idaho
31 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
32 Code; board of architectural examiners, as provided by chapter 3, title
33 54, Idaho Code; office of the state athletic director, as provided by
34 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
35 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
36 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
37 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
38 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
39 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
40 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
41 state board of denturitry, as provided by chapter 33, title 54, Idaho
42 Code; state board of engineering examiners, as provided by chapter 12,
43 title 54, Idaho Code; state board for registration of professional geolo-
2
1 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
2 services licensure board, as provided by chapter 29, title 54, Idaho Code;
3 Idaho physical therapy licensure board, as provided by chapter 22, title
4 54, Idaho Code; Idaho state board of landscape architects, as provided by
5 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as
6 provided by chapter 53, title 54, Idaho Code; state board of medicine, as
7 provided by chapter 18, title 54, Idaho Code; state board of morticians,
8 as provided by chapter 11, title 54, Idaho Code; board of naturopathic
9 medical examiners, as provided by chapter 51, title 54, Idaho Code; board
10 of nurses, as provided by chapter 14, title 54, Idaho Code; board of exam-
11 iners of nursing home administrators, as provided by chapter 16, title 54,
12 Idaho Code; state board of optometry, as provided by chapter 15, title 54,
13 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21,
14 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title
15 54, Idaho Code; state board of podiatry, as provided by chapter 6, title
16 54, Idaho Code; Idaho state board of psychologist examiners, as provided
17 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro-
18 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as
19 provided by chapter 41, title 54, Idaho Code; board of social work examin-
20 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri-
21 nary medicine, as provided by chapter 21, title 54, Idaho Code; the board
22 of examiners of residential care facility administrators, as provided by
23 chapter 42, title 54, Idaho Code; and the board of drinking water and
24 wastewater professionals, as provided by chapter 24, title 54, Idaho Code.
25 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
26 (d) The division of building safety:, to be headed by a division admin-
27 istrator and comprised of five (5) bureaus: plumbing, electrical, build-
28 ings, public works contractor licensing, and logging and industrial
29 safety. The division administrator, deputy administrators and bureau
30 chiefs shall be nonclassified employees exempt from the provisions of
31 chapter 53, title 67, Idaho Code.
32 (i) The administrator of the division shall administer the provi-
33 sions of chapter 40, title 39, Idaho Code, relating to manufactured
34 homes; chapter 41, title 39, Idaho Code, relating to modular build-
35 ings; chapter 21, title 44, Idaho Code, relating to manufactured home
36 dealer and installer licensing; chapter 22, title 44, Idaho Code,
37 relating to manufactured home installation; chapter 25, title 44,
38 Idaho Code, relating to mobile home rehabilitation; chapter 10, title
39 54, Idaho Code, relating to electrical contractors and journeymen;
40 chapter 19, title 54, Idaho Code, relating to licensing of public
41 works contractors; chapter 26, title 54, Idaho Code, relating to
42 plumbing and plumbers; chapter 19, title 54, Idaho Code, relating to
43 public works contractor licensing; chapter 50, title 54, Idaho Code,
44 relating to heating, ventilation and air conditioning systems; and
45 shall perform such additional duties as are imposed upon him by law.
46 (ii) The division administrator shall cooperate with the industrial
47 commission and aid and assist the commission in its administration of
48 sections 72-720, 72-721 and 72-723, Idaho Code, and at the request of
49 the commission shall make inspection of appliances, tools, equipment,
50 machinery, practices or conditions, and make a written report to the
51 commission. The administrator shall make recommendations to the com-
52 mission to aid the commission in its administration of sections
53 72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing
54 herein shall be construed as transferring to the administrator any of
55 the authority or powers now vested in the industrial commission
3
1 building code board, chapter 41, title 39, Idaho Code; manufactured
2 home advisory board, chapter 21, title 44, Idaho Code; electrical
3 board, chapter 10, title 54, Idaho Code; public works contractors
4 board, chapter 19, title 54, Idaho Code; plumbing board, chapter 26,
5 title 54, Idaho Code; public works construction management, chapter
6 45, title 54, Idaho Code; and the heating, ventilation and air condi-
7 tioning board, chapter 50, title 54, Idaho Code.
8 (e) The division of veterans services to be headed by a division adminis-
9 trator who shall be a nonclassified employee exempt from the provisions of
10 chapter 53, title 67, Idaho Code. The administrator of the division shall
11 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
12 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
13 sion established under chapter 2, title 65, Idaho Code, and shall perform
14 such additional duties as are imposed upon him by law.
15 (3) The bureau of occupational licenses is hereby created within the
16 department of self-governing agencies.
17 SECTION 2. That Chapter 26, Title 67, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
19 ignated as Section 67-2601A, Idaho Code, and to read as follows:
20 67-2601A. DIVISION OF BUILDING SAFETY. (1) The division of building
21 safety will be headed by an administrator appointed by and serving at the will
22 of the governor. The division administrator, deputy administrators and bureau
23 chiefs shall be nonclassified employees exempt from the provisions of chapter
24 53, title 67, Idaho Code.
25 (2) The administrator shall administer the following provisions and shall
26 perform such additional duties as are imposed on him by law: chapter 41, title
27 39, Idaho Code, relating to the building code board; chapter 40, title 39,
28 Idaho Code, relating to manufactured homes; chapter 41, title 39, Idaho Code,
29 relating to modular buildings; chapter 21, title 44, Idaho Code, relating to
30 manufactured home dealer and installer licensing; chapter 25, title 44, Idaho
31 Code, relating to mobile home rehabilitation; chapter 10, title 54, Idaho
32 Code, relating to electrical contractors and journeymen; chapter 19, title 54,
33 Idaho Code, relating to licensing of public works contractors; chapter 26,
34 title 54, Idaho Code, relating to plumbing and plumbers; chapter 45, title 54,
35 Idaho Code, relating to public works construction management licensing; chap-
36 ter 50, title 54, Idaho Code, relating to heating, ventilation and air condi-
37 tioning systems; chapter 80, title 39, Idaho Code, relating to school building
38 safety; and chapter 86, title 39, Idaho Code, relating to elevator safety.
39 (3) The administrator shall cooperate with the industrial commission and
40 aid and assist the commission in its administration of sections 72-720, 72-721
41 and 72-723, Idaho Code, and at the request of the commission shall make
42 inspection of appliances, tools, equipment, machinery, practices or condi-
43 tions, and shall make a written report to the commission. The administrator
44 shall make recommendations to the commission to aid the commission in its
45 administration of sections 72-720, 72-721 and 72-723, Idaho Code, provided
46 however, that nothing herein shall be construed as transferring to the admin-
47 istrator any of the authority or powers now vested in the industrial commis-
48 sion.
49 (4) In administering the laws regulating professions, trades and occupa-
50 tions that are devolved for administration upon the division, and in addition
51 to the authority granted to the administrator by the laws and rules of the
52 agencies and entities within the division, the administrator may:
53 (a) Revise the operating structure of the division as needed to provide
4
1 efficient and appropriate services to the various professions, trades,
2 occupations and programs administered within the division;
3 (b) Conduct examinations to ascertain the qualifications and fitness of
4 applicants to exercise the profession, trade or occupation for which an
5 examination is held; pass upon the qualifications of applicants for recip-
6 rocal licenses, certificates and authorities; prescribe rules for a fair
7 and impartial method of examination of candidates to exercise the respec-
8 tive professions, trades or occupations; and issue registrations, licenses
9 and certificates;
10 (c) Conduct hearings on proceedings to discipline, renew or reinstate
11 licenses, certificates or authorities of persons exercising the respective
12 professions, trades or occupations; appoint hearing officers, administer
13 oaths, issue subpoenas, and compel the attendance of witnesses; revoke,
14 suspend, refuse to renew, or take other disciplinary action against such
15 licenses, certifications or authorities; and prescribe rules to recover
16 costs and fees incurred in the investigation and prosecution of any cer-
17 tificate holder, licensee or registrant of the division, its boards,
18 bureaus and programs, in accordance with the contested case provisions of
19 chapter 52, title 67, Idaho Code, and the laws and rules of the boards,
20 bureaus and programs the division administers;
21 (d) Assess civil penalties as authorized;
22 (e) Promulgate rules establishing: a coordinated system for the issuance,
23 renewal, cancellation and reinstatement of licenses, certificates, regis-
24 trations and permits; assessment of all related fees; the terms by which
25 fees may be prorated, if any; and procedures for the replacement of lost
26 or destroyed licenses, certificates or registrations; and
27 (f) Promulgate other rules as may be necessary for the orderly adminis-
28 tration of the chapters specified in subsection (2) of this section and
29 such rules as may otherwise be required by those chapters as well as rules
30 for the standardization of operating procedures.
31 (5) Notwithstanding any law governing any specific board, bureau or pro-
32 gram comprising the division of building safety, each board member shall hold
33 office until a successor has been duly appointed and qualified.
34 (6) The administrator shall have the authority to employ individuals,
35 make expenditures, enter into contracts, require reports, make investigations,
36 travel, and take other actions deemed necessary.
STATEMENT OF PURPOSE
RS 16501
This legislation is necessary to accurately reflect the operating
structure of the Division of Building Safety and to clarify the
administrator's authority.
FISCAL NOTE
There is no impact the state's general fund.
Contact
Name: Kelly Pearse, Building Safety
Phone: (208) 332-7100
STATEMENT OF PURPOSE/FISCAL NOTE H 140