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S1155................................................by JUDICIARY AND RULES
MODULAR BUILDINGS - Amends, repeals and adds to existing law relating to
modular buildings to revise definitions; to revise inspection fee
references for modular buildings; to repeal provisions relating to modular
buildings, commercial coaches and reciprocity; to provide for a Modular
Building Advisory Board; to set forth fees; to provide for an insignia of
approval; to require reapproval for modifications; to provide for
reciprocity; to provide that violations are misdemeanors; to set forth
penalties; and to revise terminology.
02/13 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Com/HuRes
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, 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 -- Coiner
Floor Sponsors - Kelly & Jorgenson
Title apvd - to House
03/02 House intro - 1st rdg - to Loc Gov
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 65-2-3
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,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shirley, Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Shepherd(8), Vander Woude
Absent and excused -- Harwood, Loertscher, Smith(24)
Floor Sponsor - Killen
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/28 Governor signed
Session Law Chapter 252
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1155
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO MODULAR BUILDINGS; AMENDING SECTION 39-4103, IDAHO CODE, TO REVISE
3 CODE REFERENCES; AMENDING SECTION 39-4105, IDAHO CODE, TO REVISE DEFINI-
4 TIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-4107, IDAHO
5 CODE, TO REVISE INSPECTION FEE REFERENCES FOR MODULAR BUILDINGS AND TO
6 REVISE A CODE REFERENCE; REPEALING SECTION 39-4121, IDAHO CODE, RELATING
7 TO MODULAR BUILDINGS; REPEALING SECTION 39-4122, IDAHO CODE, RELATING TO
8 COMMERCIAL COACHES; REPEALING SECTION 39-4128, IDAHO CODE, RELATING TO
9 RECIPROCITY; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAP-
10 TER 43, TITLE 39, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE FOR A MODULAR
11 BUILDING ADVISORY BOARD, TO SET FORTH FEES, TO PROVIDE FOR AN INSIGNIA OF
12 APPROVAL, TO REQUIRE PREAPPROVAL FOR MODIFICATIONS, TO PROVIDE FOR RECI-
13 PROCITY OF STANDARDS WITH OTHER STATES, TO PROVIDE THAT VIOLATIONS ARE
14 MISDEMEANORS AND TO SET FORTH PENALTIES; AMENDING SECTION 49-104, IDAHO
15 CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION 54-1001D, IDAHO CODE,
16 TO REVISE INSPECTION FEE REFERENCES FOR MODULAR BUILDINGS; AMENDING SEC-
17 TION 54-1016, IDAHO CODE, TO REVISE CODE REFERENCES; AMENDING SECTION
18 54-2602, IDAHO CODE, TO REVISE CODE REFERENCES; AMENDING SECTION 54-2622A,
19 IDAHO CODE, TO REVISE INSPECTION FEE REFERENCES FOR MODULAR BUILDINGS;
20 AMENDING SECTION 54-5002, IDAHO CODE, TO REVISE TERMINOLOGY AND CODE REF-
21 ERENCES; AMENDING SECTION 54-5006, IDAHO CODE, TO REVISE INSPECTION FEE
22 REFERENCES FOR MODULAR BUILDINGS; AMENDING SECTION 54-5205, IDAHO CODE, TO
23 REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
24 TION 63-3606A, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION
25 67-2601, IDAHO CODE, TO REVISE ADMINISTRATOR DUTIES; AND AMENDING SECTION
26 67-8203, IDAHO CODE, TO REVISE A DEFINITION.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Section 39-4103, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-4103. SCOPE -- EXEMPTIONS. (1) This chapter authorizes the state divi-
31 sion of building safety and local governments to adopt and enforce building
32 codes pursuant to the provisions of this chapter.
33 (2) All buildings and other facilities owned by any state government
34 agency or entity, including those owned, constructed or financed by the Idaho
35 state building authority, shall conform to the codes adopted in this chapter,
36 chapter 2, title 41, Idaho Code, chapter 10, title 54, Idaho Code, chapter 26,
37 title 54, Idaho Code, and chapter 50, title 54, Idaho Code, and shall be sub-
38 ject to the jurisdiction of the state division of building safety and the
39 state fire marshal for purposes of all plan reviews, permitting and inspec-
40 tions. In performing such plan reviews, permitting and inspections, the divi-
41 sion of building safety and the state fire marshal shall route building plans
42 to affected local government agencies, and shall take into consideration local
43 government comments and ordinances and shall promptly notify the local juris-
2
1 dictions of actions taken and the reasons therefor, and transmit to the local
2 jurisdictions copies of final building plans.
3 (3) All buildings and other facilities owned by anyone other than state
4 government agencies or entities which are constructed or renovated specifi-
5 cally for use or occupancy by any state agency or entity shall conform to all
6 state adopted codes and standards. Nothing in this subsection shall limit the
7 authority of local governments to issue permits, review plans and provide a
8 full range of building code enforcement activities for such buildings.
9 (4) The following are exempt from the provisions of this chapter:
10 (a) Equipment used primarily for industrial chemical process purposes and
11 for mineral extraction and mineral processing purposes. This exemption
12 shall not include the erection and fabrication of new boilers, pressure
13 vessels and other equipment as required to condition the building for per-
14 sonnel comfort and safety. Equipment in this regard shall mean and shall
15 be limited to facilities or installations for heating, ventilating, air
16 conditioning, refrigerating equipment, elevators, dumbwaiters, escalators,
17 and boilers and pressure vessels associated with building heating systems.
18 (b) Modular buildings as defined in subsection (12) of section
19 39-41054301, Idaho Code, that are constructed in the state of Idaho for
20 installation on building sites outside the state; provided however, that
21 no modular building shall be installed on a building site in the state of
22 Idaho until it has been approved and bears the insignia of approval of the
23 division as being in compliance with the requirements set forth in section
24 39-4121 chapter 43, title 39, Idaho Code.
25 SECTION 2. That Section 39-4105, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-4105. DEFINITIONS. As used in this chapter, the terms defined in this
28 section shall have the following meanings, unless the context clearly indi-
29 cates another meaning. Where terms are not defined in this chapter and are
30 defined in the currently adopted International Building Code published by the
31 International Code Council, such terms shall have the meanings ascribed to
32 them in that code:
33 (1) "Administrator" means the administrator of the division of building
34 safety for the state of Idaho.
35 (2) "Board" means the Idaho building code board, herein created.
36 (3) "Building inspector" means a person who inspects buildings or struc-
37 tures for compliance with the provisions of this chapter.
38 (4) "Closed construction" means any manufactured building or building
39 component which may enclose factory installed structural, mechanical, electri-
40 cal or plumbing systems and is not open for visual inspection at the building
41 site.
42 (5) "Commercial coach" means a modular building equipped with the neces-
43 sary service connections and made so as to be readily movable as a unit on its
44 own running gear and originally designated to be used without a permanent
45 foundation.
46 (6) "Construction" means the erection, fabrication, reconstruction, demo-
47 lition, alteration, conversion, or repair of a building, or the installation
48 of equipment therein normally a part of the structure.
49 (75) "Division" means the state of Idaho division of building safety.
50 (86) "International Fire Code" means the International Fire Code as pub-
51 lished by the International Code Council.
52 (97) "Local government" means any city or county of this state.
53 (108) "Manufactured home" means a structure, constructed after June 15,
3
1 1976, in accordance with the HUD manufactured home construction and safety
2 standards, and is transportable in one (1) or more sections, which, in the
3 traveling mode, is eight (8) body feet or more in width or is forty (40) body
4 feet or more in length, or when erected on site, is three hundred twenty (320)
5 or more square feet, and which is built on a permanent chassis and designed to
6 be used as a dwelling with or without a permanent foundation when connected to
7 the required utilities, and includes the plumbing, heating, air conditioning,
8 and electrical systems contained therein, except that such term shall include
9 any structure which meets all the requirements of this paragraph subsection
10 except the size requirements and with respect to which the manufacturer volun-
11 tarily files a certification required by the secretary of housing and urban
12 development and complies with the standards established under 42 U.S.C. sec-
13 tion 5401 et seq.
14 (119) "Mobile home" means a factory-assembled structure or structures
15 generally constructed prior to June 15, 1976, and equipped with the necessary
16 service connections and made so as to be readily movable as a unit or units on
17 their own running gear and designed to be used as a dwelling unit or units
18 with or without a permanent foundation.
19 (12) "Modular building" means any building or building component, other
20 than a manufactured or mobile home, which is of closed construction and is
21 either entirely or substantially prefabricated or assembled at a place other
22 than the building site.
23 (130) "Telecommunications facilities" means all wires, cables, equipment,
24 apparatus or other installations necessary to furnish service, by which there
25 is accomplished or may be accomplished, the sending or receiving of informa-
26 tion, data, message writing signs, signals, pictures, and sounds of all kinds,
27 by aid of such wires, cables, equipment, apparatus or other installations, but
28 shall not include the habitable structure in which such telecommunications
29 facilities are housed.
30 SECTION 3. That Section 39-4107, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 39-4107. POWERS AND DUTIES. (1) The board shall continually study the
33 operation of adopted codes, standards and rules relating to the construction
34 of buildings or facilities under the jurisdiction of the division to ascertain
35 their effect upon the public safety and shall support an ongoing effort to
36 promote the uniform adoption, application and interpretation of safety, acces-
37 sibility and building codes statewide. The board shall have the authority to
38 adopt and enforce the codes specified in section 39-4109, Idaho Code, or later
39 editions of such codes, and to promulgate rules in accordance with chapter 52,
40 title 67, Idaho Code, to implement the provisions of this chapter.
41 (2) The board shall function as a board of appeals for the division as
42 prescribed in the adopted building code. The board shall have no authority to
43 waive any requirements of the codes enumerated in this chapter or in rules
44 promulgated pursuant to this chapter. Provided further:
45 (a) The decisions of the board shall be final, and the board shall render
46 all decisions and findings in writing to the appellant and the administra-
47 tor within ten (10) working days of the conclusion of a hearing; and
48 (b) For each appeal brought before the board, the chairman shall appoint
49 not less than three (3) members of the board to hear the appeal and render
50 a decision and finding in the name of the board.
51 (3) The board shall utilize experts, consultants, and technical advisors
52 for assistance and recommendations relative to codes, standards, and appeals.
53 (4) The administrator may make building code inspections for another
4
1 state or local jurisdiction upon request by an appropriate building official.
2 Such inspections shall be made in accordance with the applicable building
3 codes of the requesting jurisdiction. Fees charged for such inspection ser-
4 vices shall be as provided in rules promulgated by the board pursuant to chap-
5 ter 52, title 67, Idaho Code.
6 (5) Notwithstanding the exemptions provided in subsection (4)(b) of sec-
7 tion 39-4103, Idaho Code, the administrator may make inspections of modular
8 buildings constructed in Idaho upon written request from the manufacturer.
9 (a) Such inspections shall be made in accordance with the codes adopted
10 in this chapter.
11 (b) Inspection fees shall be as promulgated in board rule and shall be
12 paid prior to the inspection provided in section 39-4303, Idaho Code.
13 (c) The administrator of the division of building safety may issue an
14 insignia of approval if the buildings are in compliance with the require-
15 ments set forth in section 39-4121 chapter 43, title 39, Idaho Code.
16 SECTION 4. That Sections 39-4121, 39-4122 and 39-4128, Idaho Code, be,
17 and the same are hereby repealed.
18 SECTION 5. That Title 39, Idaho Code, be, and the same is hereby amended
19 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
20 ter 43, Title 39, Idaho Code, and to read as follows:
21 CHAPTER 43
22 MODULAR BUILDINGS
23 39-4301. DEFINITIONS. As used in this chapter:
24 (1) "Administrator" means the administrator of the division of building
25 safety for the state of Idaho.
26 (2) "Board" means the modular building advisory board, as created in sec-
27 tion 39-4302, Idaho Code.
28 (3) "Building site" means any tract, parcel or subdivision of land upon
29 which a modular building is installed or is to be installed.
30 (4) "Closed construction" means any manufactured building or building
31 component which may enclose factory installed structural, mechanical, electri-
32 cal or plumbing systems and is not open for visual inspection at the building
33 site.
34 (5) "Commercial coach" means a modular building with permanent running
35 gear and a hitch assembly that is designed and constructed for nonresidential
36 occupancy classifications only.
37 (6) "Division" means the Idaho division of building safety.
38 (7) "Modular building" means any building or building component, other
39 than a manufactured or mobile home, which is of closed construction and is
40 either entirely or substantially prefabricated or assembled at a place other
41 than the building site.
42 39-4302. MODULAR BUILDING ADVISORY BOARD. (1) A modular building advisory
43 board is established in the division of building safety to advise the adminis-
44 trator in the administration and enforcement of the provisions of this chap-
45 ter. The board shall consist of five (5) members, appointed by the governor,
46 two (2) of whom shall represent manufacturers of modular buildings, two (2) of
47 whom shall be dealers of modular buildings and one (1) of whom shall be a con-
48 sumer who uses or has used a modular building. The board shall serve the fol-
49 lowing terms commencing July 1, 2007: two (2) members shall be appointed for a
50 term of one (1) year, two (2) members shall be appointed for a term of two (2)
5
1 years, and one (1) member shall be appointed for a term of three (3) years.
2 The consumer member shall be a member appointed to a term beginning on July 1,
3 2007, or as soon thereafter as there is a vacancy on the board. Thereafter
4 board members shall be appointed for a term of three (3) years. Not more than
5 three (3) members shall at any time belong to the same political party. When-
6 ever a vacancy occurs, the governor shall appoint a qualified person to fill
7 the vacancy for the unexpired portion of the term. The members of the board
8 shall be compensated as provided in section 59-509(f), Idaho Code, for each
9 day spent in attendance at meetings of the board. A majority of members shall
10 constitute a quorum, and a quorum at any meeting called by the administrator
11 shall have full and complete power to act upon and resolve in the name of the
12 board any matter, thing or question referred to it by the administrator, or
13 which by reason of any provision of this chapter, it has the power to deter-
14 mine.
15 (2) The board shall, on the first day of each July or as soon thereafter
16 as practicable, elect a chairman, vice-chairman and secretary from among its
17 members, and these officers shall hold office until their successors are
18 elected. As soon as the board has elected its officers, the secretary shall
19 certify the results of the election to the administrator. The chairman shall
20 preside at all meetings of the board and the secretary shall make a record of
21 the proceedings which shall be preserved in the offices of the division of
22 building safety. If the chairman is absent from any meeting of the board, his
23 duties shall be discharged by the vice-chairman. All members of the board
24 present at a meeting shall be entitled to vote on any question, matter, or
25 thing which properly comes before the board.
26 (3) The board shall have the authority to promulgate rules in accordance
27 with chapter 52, title 67, Idaho Code, to implement the provisions of this
28 chapter.
29 39-4303. FEES. (1) The following fees, as provided by board rule, shall
30 be paid by the manufacturer of a modular building:
31 (a) Per building, one (1) building permit, plan review and inspection fee
32 for structural, plumbing, electrical and HVAC, based upon the 1997 Uniform
33 Building Code Table 1-A, plus ninety dollars ($90.00) and two and one-half
34 percent (2.5%) of the plumbing, electrical and HVAC installation costs.
35 (b) The division may charge a one hundred dollar ($100) insignia fee in
36 instances where building permit fees are not charged for modular build-
37 ings.
38 (2) All fees collected by the division under the provisions of this chap-
39 ter shall be paid into the modular building account, which is hereby created
40 in the dedicated fund. The expenses incurred in administering and enforcing
41 the provisions of this chapter shall be paid from the account. The fees set
42 forth in subsection (1) of this section shall be the exclusive fee require-
43 ments applicable to modular buildings governed by the provisions of this chap-
44 ter, and shall supersede any program of any political subdivision of the state
45 which sets fee requirements for the same inspections or services.
46 39-4304. INSIGNIA OF APPROVAL -- COST -- PLACEMENT. (1) No modular build-
47 ing shall be installed on a building site in this state on or after July 1,
48 2007, unless it is approved and bears the insignia of approval of the divi-
49 sion.
50 (2) Any modular building bearing an insignia of approval of the division
51 shall be deemed to comply with codes, laws, or rules enacted by the state of
52 Idaho which govern the manufacture and construction of such building.
53 (3) The cost of the insignia, if issued, shall be included as a part of
6
1 the permit fee as set forth in section 39-4303, Idaho Code.
2 (4) No modular building which has been approved by the division shall be
3 in any way modified prior to its initial occupancy unless approval of that
4 modification is first made by the division.
5 (5) Insignias shall be placed on the front, left-hand side of the build-
6 ing.
7 39-4305. RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the adminis-
8 trator determines that standards for modular buildings that have been adopted
9 by the statutes or rules of another state are at least equal to the standards
10 adopted by the administrator, the administrator may so provide by rule.
11 (2) If the administrator determines that standards for modular buildings
12 have not been adopted by another state, and modular buildings from that state
13 are transported into this state to be offered for sale, the administrator may
14 certify reciprocal states to inspect such modular buildings. If there is no
15 reciprocity agreement with a state of manufacture, then Idaho will inspect the
16 building, plumbing, electrical and HVAC, provided that the out-of-state manu-
17 facturer shall bear the costs of travel and inspection services related to
18 such inspection. If the administrator shall then determine that the modular
19 buildings meet the standards of this state, the product shall be acceptable
20 and the administrator may issue insignia for said modular buildings.
21 39-4306. VIOLATIONS MISDEMEANORS -- CIVIL PENALTIES. Any person, partner-
22 ship, company, firm, association or corporation who shall willfully violate
23 any of the provisions of this chapter, or the rules of the modular building
24 advisory board or of the administrator herein provided for, or who shall
25 refuse to perform any duty lawfully enjoined upon him by the administrator
26 within the prescribed time; or who shall fail, neglect, or refuse to obey any
27 lawful order given or made by the administrator, shall be guilty of a misde-
28 meanor. In addition to any criminal proceedings, the administrator is autho-
29 rized to bring either an administrative action or a civil proceeding in the
30 courts against the violator and impose and recover a civil penalty against the
31 violator as established by administrative rule, but not to exceed one thousand
32 dollars ($1,000). Each day of such violation shall constitute a separate
33 offense. A violation will be considered a second or additional offense only if
34 it occurs within one (1) year from the previous violation.
35 SECTION 6. That Section 49-104, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 49-104. DEFINITIONS -- C.
38 (1) "Cancellation of driver's license" means the annulment or termination
39 by formal action of the department of a person's driver's license because of
40 some error or defect in the driver's license or because the licensee is no
41 longer entitled to the driver's license. The cancellation of a driver's
42 license is without prejudice and after compliance with requirements, the indi-
43 vidual may apply for a new driver's license at any time after cancellation.
44 (2) "Caravaning" means the transportation of any motor vehicle into, out
45 of, or within the state operating on its own wheels or in tow for the purpose
46 of sale or offer of sale by any agent, dealer, manufacturer's representative,
47 purchaser, or prospective purchaser, regardless of residence unless the motor
48 vehicle is licensed by the state of Idaho, or is owned by an automobile
49 dealer, duly licensed as a dealer by this state. It shall also be considered
50 as the transportation of property for hire by a motor vehicle upon the high-
51 ways of this state.
7
1 (3) "Certificate of liability insurance" means a certificate of liability
2 insurance issued by an insurance company authorized to do business in this
3 state or a certificate of liability insurance issued by the department of
4 insurance which demonstrates current insurance against loss resulting from
5 liability imposed by law for bodily injury or death or damage to property suf-
6 fered by any person caused by accident and arising out of the operation, main-
7 tenance or use of a motor vehicle described in the certificate in an amount
8 not less than that required by section 49-1212, Idaho Code, and also demon-
9 strates the current existence of any other coverage required by title 41,
10 Idaho Code, or a certificate of self-insurance issued pursuant to law for each
11 motor vehicle to be registered. A certificate of liability insurance shall
12 contain the information required by the department of insurance, including the
13 name and address of the owner of the motor vehicle and a description of the
14 motor vehicle including identification number if there is one, or a statement
15 that all vehicles owned by a person or entity are covered by insurance, the
16 inception date of coverage, and the name of the insurer. "Certificate of lia-
17 bility insurance" may also include the original contract of liability insur-
18 ance or a true copy, demonstrating the current existence of the liability
19 insurance described above.
20 (4) "Certification of safety compliance" means that a motor carrier cer-
21 tifies as part of its registration process that it has knowledge of the fed-
22 eral regulations and rules promulgated by the Idaho transportation department
23 and the Idaho state police applicable to motor carriers.
24 (5) "Commercial coach." (See section 39-41054301, Idaho Code)
25 (6) "Commercial driver's license" means any class A, class B or class C
26 driver's license as defined in section 49-105, Idaho Code.
27 (7) "Commercial driver license information system (CDLIS)" is the infor-
28 mation system established to serve as a clearinghouse for locating informa-
29 tion related to the licensing and identification of motor vehicle drivers.
30 (8) "Commercial driver training school" means a business enterprise con-
31 ducted by an individual, association, partnership, or corporation, for the
32 education and training of persons, either practically or theoretically, or
33 both, to operate or drive motor vehicles, and charging a consideration or
34 tuition for such services.
35 (9) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle,"
36 section 49-123, Idaho Code)
37 (10) "Compliance review" means an on-site examination of motor carrier
38 operations, which may be at the carrier's place of business, including dri-
39 ver's hours of service, vehicle maintenance and inspection, driver qualifica-
40 tions, commercial driver's license requirements, financial responsibility,
41 accidents, hazardous materials, and such other related safety and transporta-
42 tion records to determine safety fitness.
43 (11) "Controlled substance" means any substance so classified under sec-
44 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes
45 all substances listed on schedules I through V, of 21, CFR part 1308, as they
46 may be revised from time to time.
47 (12) "Conviction" means the person has pled guilty or has been found
48 guilty, notwithstanding the form of the judgment or withheld judgment. A con-
49 viction for purposes of this title shall also include an infraction judgment.
50 (13) "Crosswalk" means:
51 (a) That part of a highway at an intersection included within the connec-
52 tions of the lateral lines of the sidewalks on opposite sides of the high-
53 way measured from the curbs or in the absence of curbs, from the edges of
54 the traversable highway; and in the absence of a sidewalk on one side of
55 the highway, that part of a highway included within the extension of the
8
1 lateral lines of the existing sidewalk at right angles to the centerline.
2 (b) Any portion of a highway at an intersection or elsewhere distinctly
3 indicated for pedestrian crossing by lines or other markings on the sur-
4 face.
5 SECTION 7. That Section 54-1001D, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 54-1001D. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL
8 AND CERTIFICATION. (1) Notwithstanding the exemption provided in subsection
9 (1)(c) of section 54-1016, Idaho Code, the administrator of the division of
10 building safety may make electrical inspections of any modular building upon
11 written request from the manufacturer.
12 (a) Inspections shall be made in accordance with the codes adopted in
13 this chapter.
14 (b) Inspection fees shall be as promulgated provided in board rule and
15 shall be paid prior to the inspection section 39-4303, Idaho Code.
16 (c) The administrator may issue inspection tags for inspections if the
17 buildings are in compliance with the codes adopted in this chapter.
18 (2) The administrator of the division of building safety is hereby autho-
19 rized to make inspections of electrical installations as set forth herein and
20 to issue inspection tags covering such installations.
21 SECTION 8. That Section 54-1016, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 54-1016. EXEMPTIONS. (1) Nothing in this chapter shall be deemed to apply
24 to:
25 (a) Any regulated utility, telephone company, rural telephone cooperative
26 or municipal communications utility, or their employees, in the installa-
27 tion or maintenance of communication circuits, wires and apparatus by or
28 for such entities or their communications service customers;
29 (b) Any electrical public utility, or its employees, in the installation
30 and maintenance of electrical wiring, circuits, apparatus and equipment by
31 or for such public utility, or comprising a part of its plants, lines or
32 system;
33 (c) Modular buildings as defined in section 39-41054301, Idaho Code, that
34 are constructed in the state of Idaho for installation on building sites
35 outside the state; provided however, that no modular building shall be
36 installed on a building site in the state of Idaho until it has been
37 approved and bears the insignia of approval of the division as being in
38 compliance with the requirements set forth in section 39-41214304, Idaho
39 Code.
40 (2) The licensing provisions of this chapter shall not apply to:
41 (a) Any property owner performing electrical work in the owner's primary
42 or secondary residence or associated outbuildings;
43 (b) Any person regularly employed as a maintenance electrician performing
44 electrical maintenance work on the premises of the person's employer;
45 (c) Any telephone company, rural telephone cooperative, or municipal com-
46 munications utility, their employees, their subsidiaries, and employees of
47 the subsidiaries performing work on customer-owned facilities under the
48 exclusive control of the telephone company, rural telephone cooperative,
49 or municipal communications utility;
50 (d) Any telephone company, rural telephone cooperative, or municipal com-
51 munications utility, their employees, their subsidiaries, and employees of
9
1 the subsidiaries performing repair work on customer-owned facilities at
2 the request of the customer;
3 (e) Any electrical public utility, rural electrical cooperative, munici-
4 pal power utility, their employees, their subsidiaries, and employees of
5 the subsidiaries performing work on customer-owned facilities under the
6 exclusive control of the electrical public utility, rural electrical coop-
7 erative, or municipal power utility; and
8 (f) Any electrical public utility, rural electrical cooperative, munici-
9 pal power utility, their employees, their subsidiaries, and employees of
10 the subsidiaries performing emergency repair work on customer-owned facil-
11 ities at the request of the customer.
12 SECTION 9. That Section 54-2602, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-2602. EXCEPTIONS. Certificate of competency requirements of this chap-
15 ter shall not be deemed to apply to:
16 (a) Any person who does plumbing work in a single or duplex family dwell-
17 ing, including accessory buildings, quarters and grounds in connection with
18 such dwelling; provided that such person owns or is a contract purchaser of
19 the premises, and provided further that such person shall comply with the min-
20 imum standards and rules applicable to plumbing practices provided by this
21 chapter.
22 (b) Farm buildings located outside the incorporated limits of any city
23 unless such buildings are connected to a public water or sewer system; and a
24 farm is hereby defined to be an agricultural unit on which the owner or occu-
25 pant resides and from which the owner or occupant derives his principal income
26 and livelihood.
27 (c) Logging, mining or construction camps when plumbing installations are
28 made to conform with the recommendations of the department of health and wel-
29 fare.
30 (d) Piping systems in industrial processing plants located outside the
31 incorporated limits of any city unless such systems are connected to a public
32 water or sewer system.
33 (e) Work on plumbing systems on premises owned or operated by an employer
34 who regularly employs maintenance or construction plumbers, provided that
35 alterations, extensions and new construction shall comply with the minimum
36 standards and rules applicable to plumbing practices provided by this chapter.
37 (f) Nothing contained in this section or any other provision of this code
38 shall be construed or applied to require a sewer contractor, sewage disposal
39 contractor, or any excavating or utility contractor who generally engages in
40 the business of installing, altering or repairing sewers, private and public
41 sewage disposal systems, and water distribution and/or drainage lines outside
42 the foundation walls of any building or structure, to obtain a valid
43 contractor's certificate of competency or to employ only journeymen plumbers
44 possessing a valid journeyman plumber's certificate of competency or registra-
45 tion, or to in any way require that his employees be registered, licensed or
46 declared competent by the board.
47 (g) Water treatment installations and repairs when installed in residen-
48 tial or business properties, provided the same when installed, repaired or
49 completed, shall be inspected by a designated, qualified and properly identi-
50 fied agent of the division of building safety as to quality of workmanship and
51 compliance with the applicable provisions of this chapter.
52 (h) Plumbing work within modular buildings as defined in section
53 39-41054301, Idaho Code, that are constructed in the state of Idaho for
10
1 installation on building sites outside the state; provided however, that no
2 modular building shall be installed on a building site in the state of Idaho
3 until it has been approved and bears the insignia of approval of the division
4 as being in compliance with the requirements set forth in section 39-41214304,
5 Idaho Code.
6 Any person, firm, copartnership, association or corporation making water
7 treatment installations and/or repairs in accordance with the provisions of
8 this act shall maintain a surety bond in the amount of two thousand dollars
9 ($2,000).
10 SECTION 10. That Section 54-2622A, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 54-2622A. INSPECTIONS OF MODULAR BUILDINGS -- WHEN AUTHORIZED -- APPROVAL
13 AND CERTIFICATION. Notwithstanding the exception provided in subsection (h) of
14 section 54-2602, Idaho Code, the administrator of the division of building
15 safety may make plumbing inspections of any modular building upon written
16 request from the manufacturer.
17 (1) Inspections shall be made in accordance with the codes adopted in
18 this chapter.
19 (2) Inspection fees shall be as promulgated provided in board rule and
20 shall be paid prior to the inspection section 39-4303, Idaho Code.
21 (3) The administrator may issue inspection tags for inspections if the
22 buildings are in compliance with the codes adopted in this chapter.
23 SECTION 11. That Section 54-5002, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 54-5002. EXCEPTIONS. Certificate of competency requirements of this chap-
26 ter shall not apply to:
27 (1) Any person who installs or maintains a heating, ventilation and air
28 conditioning system in a single or duplex family dwelling, including accessory
29 buildings, quarters and grounds in connection with such dwelling; provided
30 that such person owns or is a contract purchaser of the premises; and provided
31 further that such person shall comply with the standards and rules applicable
32 to heating, ventilation and air conditioning installation or repairs as pro-
33 vided in this chapter.
34 (2) Farm Agriculture buildings located outside the incorporated limits of
35 any city; and a farm is hereby defined to be an agricultural unit on which the
36 owner or occupant resides and from which the owner or occupant derives his
37 principal income and livelihood.
38 (3) Logging, mining or construction camps when heating, ventilation or
39 air conditioning installations are made to conform to the recommendations of
40 the department of health and welfare.
41 (4) Work on heating, ventilation or air conditioning systems on premises
42 owned or operated by an employer who regularly employs maintenance or con-
43 struction heating, ventilation and air conditioning journeymen, provided that
44 alterations, extensions and new construction shall comply with the minimum
45 standards and rules applicable to heating, ventilation and air conditioning
46 practices in accordance with the provisions of this chapter.
47 (5) Modular buildings, as defined in section 39-4105(12)4301, Idaho Code,
48 that are constructed in the state of Idaho for installation on building sites
49 outside the state; provided however, that no modular building shall be
50 installed on a building site in the state of Idaho until it has been approved
51 and bears the insignia of approval of the division as being in compliance with
11
1 the requirements set forth in section 39-41214304, Idaho Code.
2 SECTION 12. That Section 54-5006, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 54-5006. ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY. The adminis-
5 trator shall exercise such powers and duties as are reasonably necessary to
6 enforce standards provided in this chapter, and he may, among other things:
7 (1) Serve as secretary to the Idaho heating, ventilation and air condi-
8 tioning board.
9 (2) Appoint state mechanical inspectors who shall be authorized to enter
10 and inspect by and through a properly identified person, at reasonable hours,
11 heating, ventilation and air conditioning systems.
12 (3) Make HVAC inspections for another state or local jurisdiction upon
13 request by an appropriate building official. Such inspections shall be made in
14 accordance with the applicable HVAC codes of the requesting jurisdiction. Fees
15 charged for such inspection services shall be as provided in the rules promul-
16 gated by the board.
17 (4) Notwithstanding the exception provided in section 54-5002(5), Idaho
18 Code, the administrator may make inspections of modular buildings constructed
19 in Idaho upon written request from the manufacturer. Such inspections shall be
20 made in accordance with the codes adopted in this chapter. Inspection fees for
21 such inspections shall be as promulgated in board rule and shall be paid prior
22 to the inspection provided in section 39-4303, Idaho Code. The administrator
23 may issue an insignia of approval if the buildings are in compliance with the
24 requirements set forth in section 39-4121 chapter 43, title 39, Idaho Code.
25 (5) Summon witnesses to appear and testify before him on any matter
26 within the provisions of this chapter. No person shall be required to testify
27 outside the county wherein he resides or where his principal place of business
28 is located. Such summons to testify shall be issued and served in like manner
29 as a subpoena to witness issued from the district court, or in other manner
30 consistent with procedure of the division of building safety. In case any wit-
31 ness shall fail or refuse to appear and testify upon being summoned as herein
32 provided, the clerk of the district court of the county shall, upon demand by
33 said administrator or his designated agent, issue a subpoena reciting the
34 demand therefor and summoning the witness to appear and testify at a time and
35 place fixed. Violation of such subpoena or disobedience thereto shall be
36 deemed and punished as a violation of any other subpoena issued from the dis-
37 trict court.
38 (6) Administer oaths and take affirmations of witnesses appearing before
39 him or a duly appointed hearing officer; and have the power to appoint compe-
40 tent persons to issue subpoenas, administer oaths and take testimony.
41 (7) Impose civil penalties as provided in this chapter and rules of the
42 board.
43 SECTION 13. That Section 54-5205, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 54-5205. EXEMPTIONS FROM REGISTRATION. (1) Nothing in this chapter shall
46 be construed to restrict any person licensed, registered, or otherwise regu-
47 lated by the state of Idaho from engaging in the profession or practice for
48 which they are licensed, registered or otherwise regulated by the state of
49 Idaho including, but not limited to, persons licensed pursuant to chapters 3,
50 10, 12, 19, 26, 45 and 50, title 54, Idaho Code, nor shall this chapter
51 require such persons otherwise licensed, registered or regulated to obtain
12
1 such registration as required by this chapter, so long as such person is not
2 acting with the intent to evade this chapter. No such person exempt hereunder
3 may hold himself out as a registered contractor.
4 (2) In addition to the exemption set forth in section subsection (1) of
5 this section, registration as provided for in this chapter shall not be
6 required for the following, so long as such person is not acting with the
7 intent to evade this chapter and so long as such person does not hold himself
8 out as a registered contractor:
9 (a) A person who only performs labor or services for wages or a salary as
10 an employee of a contractor, or as an employee of a person otherwise
11 exempt by the provisions set forth in this chapter, or strictly as a vol-
12 unteer or as part of a bona fide educational curriculum or nonprofit char-
13 itable activity for which no wages or salary shall be paid; provided how-
14 ever, that such exemption shall not apply to any subcontractor or other
15 independent contractor who is not otherwise exempt;
16 (b) An authorized representative of the United States government, the
17 state of Idaho, or any incorporated municipality, county, alternative form
18 of local government, highway district, reclamation district, or other
19 municipal or political corporation or subdivision of this state;
20 (c) A public utility operating under the regulation of the Idaho public
21 utility commission as set forth in title 61, Idaho Code, in the construc-
22 tion, maintenance, or development work incidental to its own business;
23 (d) A person who performs repair or operation incidental to the discovery
24 or production of oil, gas or minerals or incidental to the drilling, test-
25 ing, abandoning, or other operation of an oil or gas well or a surface or
26 underground mine or mineral deposit;
27 (e) A person who only furnishes materials, supplies or equipment without
28 that person installing or fabricating them into or consuming them in the
29 performance of the work of the construction contractor;
30 (f) A person performing work on one (1) undertaking or project considered
31 casual, minor, or inconsequential, whether by one (1) or more contracts,
32 the aggregate contract price of which, for labor and materials and all
33 other items, is less than two thousand dollars ($2,000). The exemptions
34 prescribed in this paragraph (f) shall not apply when the work or con-
35 struction is part of a larger construction project, whether undertaken by
36 the same or a different construction contractor, or in which a division of
37 the operation is made into contracts of amounts of less than two thousand
38 dollars ($2,000) for the purpose of evasion of this chapter or otherwise;
39 (g) A farmer or rancher while engaged in a farming, dairying, agricul-
40 ture, viticulture, horticulture, or stock or poultry operation;
41 (h) A person who engages in the construction of an agriculture building
42 which is exempt from the Idaho building code act as set forth in section
43 39-4116, Idaho Code;
44 (i) An irrigation district, canal company, reservoir district, ground
45 water district, water district, water measurement district, recharge dis-
46 trict, flood control district, drainage district, or other water delivery
47 or water management entity, or an operating agent of irrigation districts
48 whose board consists of directors of its member districts;
49 (j) An operation related to clearing or other work upon land in rural
50 districts for fire prevention purposes;
51 (k) An owner who contracts for work to be performed by a registered con-
52 tractor on his own property, provided however, this exemption shall not
53 apply to an owner who, with the intent to evade this chapter, constructs a
54 building, residence or other improvement on the owner's property with the
55 intention and for the purpose of selling the improved property at any time
13
1 during the construction or within twelve (12) months of completion of such
2 construction;
3 (l) An owner performing construction on the owner's personal residential
4 real property, whether or not occupied by the owner, provided however,
5 this exemption shall not apply to an owner who is otherwise regulated by
6 this chapter who constructs a building, residence or other improvement on
7 the owner's property with the intention and for the purpose of promptly
8 selling the improved property, unless the owner has continuously occupied
9 the property as the owner's primary residence for not less than twelve
10 (12) months prior to the sale of such property;
11 (m) Owners of commercial properties, or lessees of commercial properties
12 with the consent of the owner, who, whether themselves or with their own
13 employees, perform maintenance, repair, alteration or construction work in
14 or upon the properties;
15 (n) A real estate licensee acting within the scope of his license pursu-
16 ant to chapter 20, title 54, Idaho Code, who, incident to a regulated real
17 estate transaction, assists his clients in scheduling or performing nomi-
18 nal maintenance and repairs upon such properties being transferred; pro-
19 vided however, nothing in this section shall otherwise authorize a real
20 estate licensee or a property manager to act in the capacity of a contrac-
21 tor unless registered with the board;
22 (o) A contractor engaged in the logging industry who builds forest access
23 roads for the purpose of harvesting and transporting logs from forest to
24 mill;
25 (p) A person working on the person's own residence, if the residence is
26 owned by a person other than the resident;
27 (q) A person who engages in the construction of buildings to be used pri-
28 marily for industrial chemical process purposes as set forth in section
29 39-4103, Idaho Code; or
30 (r) A person who engages in the construction of a modular building as
31 defined in section 39-4105(12)4301, Idaho Code, that is constructed in the
32 state of Idaho for installation on a building site outside the state.
33 SECTION 14. That Section 63-3606A, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 63-3606A. MODULAR BUILDING. The term "modular building," as defined in
36 section 39-41054301, Idaho Code, is a substantially complete building designed
37 to be affixed to real property. The term "modular building," includes all com-
38 ponents incorporated in such modular building at the time of manufacture and
39 remaining unchanged at the time of the original retail sale. Furniture, fix-
40 tures, furnishings, appliances, and attachments not incorporated as component
41 parts of the modular building at the time of manufacture shall be subject to
42 the sales and use tax separately and distinctly from the sales price of a mod-
43 ular building. Refrigerators, ranges, draperies, and wood burning stoves
44 placed in the modular home by the manufacturer shall be deemed to be compo-
45 nents incorporated into such modular building.
46 SECTION 15. That Section 67-2601, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
49 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
50 self-governing agencies. The department shall, for the purposes of section 20,
51 article IV of the constitution of the state of Idaho, be an executive depart-
14
1 ment of the state government.
2 (2) The department shall consist of the following:
3 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
4 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
5 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
6 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
7 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
8 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
9 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
10 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
11 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
12 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
13 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
14 (b) Professional and occupational licensing boards: Idaho state board of
15 certified public accountancy, as provided by chapter 2, title 54, Idaho
16 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
17 Code; board of architectural examiners, as provided by chapter 3, title
18 54, Idaho Code; office of the state athletic director, as provided by
19 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
20 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
21 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
22 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
23 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
24 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
25 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
26 state board of denturitry, as provided by chapter 33, title 54, Idaho
27 Code; state board of engineering examiners, as provided by chapter 12,
28 title 54, Idaho Code; state board for registration of professional geolo-
29 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
30 services licensure board, as provided by chapter 29, title 54, Idaho Code;
31 Idaho physical therapy licensure board, as provided by chapter 22, title
32 54, Idaho Code; Idaho state board of landscape architects, as provided by
33 chapter 30, title 54, Idaho Code; liquefied petroleum gas safety board, as
34 provided by chapter 53, title 54, Idaho Code; state board of medicine, as
35 provided by chapter 18, title 54, Idaho Code; state board of morticians,
36 as provided by chapter 11, title 54, Idaho Code; board of naturopathic
37 medical examiners, as provided by chapter 51, title 54, Idaho Code; board
38 of nurses, as provided by chapter 14, title 54, Idaho Code; board of exam-
39 iners of nursing home administrators, as provided by chapter 16, title 54,
40 Idaho Code; state board of optometry, as provided by chapter 15, title 54,
41 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21,
42 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title
43 54, Idaho Code; state board of podiatry, as provided by chapter 6, title
44 54, Idaho Code; Idaho state board of psychologist examiners, as provided
45 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro-
46 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as
47 provided by chapter 41, title 54, Idaho Code; board of social work examin-
48 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri-
49 nary medicine, as provided by chapter 21, title 54, Idaho Code; the board
50 of examiners of residential care facility administrators, as provided by
51 chapter 42, title 54, Idaho Code; and the board of drinking water and
52 wastewater professionals, as provided by chapter 24, title 54, Idaho Code.
53 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
54 (d) The division of building safety, to be headed by a division adminis-
55 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
15
1 public works contractor licensing, and logging and industrial safety. The
2 division administrator, deputy administrators and bureau chiefs shall be
3 nonclassified employees exempt from the provisions of chapter 53, title
4 67, Idaho Code.
5 (i) The administrator of the division shall administer the provi-
6 sions of chapter 40, title 39, Idaho Code, relating to manufactured
7 homes; chapter 41, title 39, Idaho Code, relating to the Idaho build-
8 ing code act; chapter 43, title 39, Idaho Code, relating to modular
9 buildings; chapter 21, title 44, Idaho Code, relating to manufactured
10 home dealer and installer licensing; chapter 22, title 44, Idaho
11 Code, relating to manufactured home installation; chapter 25, title
12 44, Idaho Code, relating to mobile home rehabilitation; chapter 10,
13 title 54, Idaho Code, relating to electrical contractors and journey-
14 men; chapter 19, title 54, Idaho Code, relating to licensing of pub-
15 lic works contractors; chapter 26, title 54, Idaho Code, relating to
16 plumbing and plumbers; chapter 19, title 54, Idaho Code, relating to
17 public works contractor licensing; chapter 50, title 54, Idaho Code,
18 relating to heating, ventilation and air conditioning systems; and
19 shall perform such additional duties as are imposed upon him by law.
20 (ii) The division administrator shall cooperate with the industrial
21 commission and aid and assist the commission in its administration of
22 sections 72-720, 72-721 and 72-723, Idaho Code, and at the request of
23 the commission shall make inspection of appliances, tools, equipment,
24 machinery, practices or conditions, and make a written report to the
25 commission. The administrator shall make recommendations to the com-
26 mission to aid the commission in its administration of sections
27 72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing
28 herein shall be construed as transferring to the administrator any of
29 the authority or powers now vested in the industrial commission.
30 (e) The division of veterans services to be headed by a division adminis-
31 trator who shall be a nonclassified employee exempt from the provisions of
32 chapter 53, title 67, Idaho Code. The administrator of the division shall
33 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
34 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
35 sion established under chapter 2, title 65, Idaho Code, and shall perform
36 such additional duties as are imposed upon him by law.
37 (3) The bureau of occupational licenses is hereby created within the
38 department of self-governing agencies.
39 SECTION 16. That Section 67-8203, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 67-8203. DEFINITIONS. As used in this chapter:
42 (1) "Affordable housing" means housing affordable to families whose
43 incomes do not exceed eighty percent (80%) of the median income for the ser-
44 vice area or areas within the jurisdiction of the governmental entity.
45 (2) "Appropriate" means to legally obligate by contract or otherwise com-
46 mit to use by appropriation or other official act of a governmental entity.
47 (3) "Capital improvements" means improvements with a useful life of ten
48 (10) years or more, by new construction or other action, which increase the
49 service capacity of a public facility.
50 (4) "Capital improvement element" means a component of a comprehensive
51 plan adopted pursuant to chapter 65, title 67, Idaho Code, which component
52 meets the requirements of a capital improvements plan pursuant to this chap-
53 ter.
16
1 (5) "Capital improvements plan" means a plan adopted pursuant to this
2 chapter that identifies capital improvements for which development impact fees
3 may be used as a funding source.
4 (6) "Developer" means any person or legal entity undertaking development,
5 including a party that undertakes the subdivision of property pursuant to sec-
6 tions 50-1301 through 50-1334, Idaho Code.
7 (7) "Development" means any construction or installation of a building or
8 structure, or any change in use of a building or structure, or any change in
9 the use, character or appearance of land, which creates additional demand and
10 need for public facilities or the subdivision of property that would permit
11 any change in the use, character or appearance of land.
12 (8) "Development approval" means any written authorization from a govern-
13 mental entity which authorizes the commencement of a development.
14 (9) "Development impact fee" means a payment of money imposed as a condi-
15 tion of development approval to pay for a proportionate share of the cost of
16 system improvements needed to serve development. This term is also referred to
17 as an impact fee in this chapter. The term does not include the following:
18 (a) A charge or fee to pay the administrative, plan review, or inspection
19 costs associated with permits required for development;
20 (b) Connection or hookup charges;
21 (c) Availability charges for drainage, sewer, water, or transportation
22 charges for services provided directly to the development; or
23 (d) Amounts collected from a developer in a transaction in which the gov-
24 ernmental entity has incurred expenses in constructing capital improve-
25 ments for the development if the owner or developer has agreed to be
26 financially responsible for the construction or installation of the capi-
27 tal improvements, unless a written agreement is made pursuant to section
28 67-8209(3), Idaho Code, for credit or reimbursement.
29 (10) "Development requirement" means a requirement attached to a develop-
30 mental approval or other governmental action approving or authorizing a par-
31 ticular development project including, but not limited to, a rezoning, which
32 requirement compels the payment, dedication or contribution of goods, ser-
33 vices, land, or money as a condition of approval.
34 (11) "Extraordinary costs" means those costs incurred as a result of an
35 extraordinary impact.
36 (12) "Extraordinary impact" means an impact which is reasonably determined
37 by the governmental entity to: (i) result in the need for system improvements,
38 the cost of which will significantly exceed the sum of the development impact
39 fees to be generated from the project or the sum agreed to be paid pursuant to
40 a development agreement as allowed by section 67-8214(2), Idaho Code, or (ii)
41 result in the need for system improvements which are not identified in the
42 capital improvements plan.
43 (13) "Fee payer" means that person who pays or is required to pay a devel-
44 opment impact fee.
45 (14) "Governmental entity" means any unit of local government that is
46 empowered in this enabling legislation to adopt a development impact fee ordi-
47 nance.
48 (15) "Impact fee." See development impact fee.
49 (16) "Land use assumptions" means a description of the service area and
50 projections of land uses, densities, intensities, and population in the ser-
51 vice area over at least a twenty (20) year period.
52 (17) "Level of service" means a measure of the relationship between ser-
53 vice capacity and service demand for public facilities.
54 (18) "Manufactured home" means a structure, constructed according to
55 HUD/FHA mobile home construction and safety standards, transportable in one
17
1 (1) or more sections, which, in the traveling mode, is eight (8) feet or more
2 in width or is forty (40) body feet or more in length, or when erected on
3 site, is three hundred twenty (320) or more square feet, and which is built on
4 a permanent chassis and designed to be used as a dwelling with or without a
5 permanent foundation when connected to the required utilities, and includes
6 the plumbing, heating, air conditioning, and electrical systems contained
7 therein, except that such term shall include any structure which meets all the
8 requirements of this subsection except the size requirements and with respect
9 to which the manufacturer voluntarily files a certification required by the
10 secretary of housing and urban development and complies with the standards
11 established under 42 U.S.C. 5401, et seq.
12 (19) "Modular building" means any building or building component, other
13 than a manufactured home, which is constructed according to standards con-
14 tained in the Uniform Building Code, as adopted or any amendments thereto,
15 which is of closed construction and is either entirely or substantially pre-
16 fabricated or assembled at a place other than the building site is as defined
17 in section 39-4301, Idaho Code.
18 (20) "Present value" means the total current monetary value of past, pres-
19 ent, or future payments, contributions or dedications of goods, services,
20 materials, construction or money.
21 (21) "Project" means a particular development on an identified parcel of
22 land.
23 (22) "Project improvements" means site improvements and facilities that
24 are planned and designed to provide service for a particular development proj-
25 ect and that are necessary for the use and convenience of the occupants or
26 users of the project.
27 (23) "Proportionate share" means that portion of the cost of system
28 improvements determined pursuant to section 67-8207, Idaho Code, which reason-
29 ably relates to the service demands and needs of the project.
30 (24) "Public facilities" means:
31 (a) Water supply production, treatment, storage and distribution facili-
32 ties;
33 (b) Wastewater collection, treatment and disposal facilities;
34 (c) Roads, streets and bridges, including rights-of-way, traffic signals,
35 landscaping and any local components of state or federal highways;
36 (d) Storm water collection, retention, detention, treatment and disposal
37 facilities, flood control facilities, and bank and shore protection and
38 enhancement improvements;
39 (e) Parks, open space and recreation areas, and related capital improve-
40 ments; and
41 (f) Public safety facilities, including law enforcement, fire, emergency
42 medical and rescue and street lighting facilities.
43 (25) "Recreational vehicle" means a vehicular type unit primarily designed
44 as temporary quarters for recreational, camping, or travel use, which either
45 has its own motive power or is mounted on or drawn by another vehicle.
46 (26) "Service area" means any defined geographic area identified by a gov-
47 ernmental entity or by intergovernmental agreement in which specific public
48 facilities provide service to development within the area defined, on the
49 basis of sound planning or engineering principles or both.
50 (27) "Service unit" means a standardized measure of consumption, use, gen-
51 eration or discharge attributable to an individual unit of development calcu-
52 lated in accordance with generally accepted engineering or planning standards
53 for a particular category of capital improvements.
54 (28) "System improvements," in contrast to project improvements, means
55 capital improvements to public facilities which are designed to provide ser-
18
1 vice to a service area including, without limitation, the type of improvements
2 described in section 50-1703, Idaho Code.
3 (29) "System improvement costs" means costs incurred for construction or
4 reconstruction of system improvements, including design, acquisition, engi-
5 neering and other costs attributable thereto, and also including, without lim-
6 itation, the type of costs described in section 50-1702(h), Idaho Code, to
7 provide additional public facilities needed to serve new growth and develop-
8 ment. For clarification, system improvement costs do not include:
9 (a) Construction, acquisition or expansion of public facilities other
10 than capital improvements identified in the capital improvements plan;
11 (b) Repair, operation or maintenance of existing or new capital improve-
12 ments;
13 (c) Upgrading, updating, expanding or replacing existing capital improve-
14 ments to serve existing development in order to meet stricter safety,
15 efficiency, environmental or regulatory standards;
16 (d) Upgrading, updating, expanding or replacing existing capital improve-
17 ments to provide better service to existing development;
18 (e) Administrative and operating costs of the governmental entity unless
19 such costs are attributable to development of the capital improvement
20 plan, as provided in section 67-8208, Idaho Code; or
21 (f) Principal payments and interest or other finance charges on bonds or
22 other indebtedness except financial obligations issued by or on behalf of
23 the governmental entity to finance capital improvements identified in the
24 capital improvements plan.
STATEMENT OF PURPOSE
RS 16880C1
This legislation is designed to correct certain deficiencies
related to the law applicable to the growing modular building
industry in Idaho.
Specifically, the bill:
1. Improves the communication system between the industry and
the Division of Building safety by establishing an Idaho Modular
Building Advisory Board;
2. Streamlines and consolidates the permitting requirements and
fees applicable to the industry;
3. Ensures that out of state manufacturers bringing modular
building into Idaho for occupancy are held to the same
construction and inspection standards as those manufacturers
building structures in Idaho for occupancy in Idaho.
FISCAL NOTE
There is no impact to the general fund.
Contact
Name: Senator Kate Kelly
Phone: 850-7217
Name: Senator Mike Jorgenson
Phone: 332-1337
STATEMENT OF PURPOSE/FISCAL NOTE S 1155