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H0134...........................................................by BUSINESS
HVAC BOARD - Amends existing law relating to the Idaho Heating, Ventilation
and Air Conditioning (HVAC) Board to revise definitions of HVAC specialty
apprentice and specialty contractor; to assign board member position
numbers and to clarify qualifications; to provide for election of a
chairman every three years; to provide for expiration of terms of members
appointed or serving prior to July 1, 2007; and to provide for appointment
of board members for terms commencing July 1, 2007.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 134
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD; AMEND-
3 ING SECTION 54-5003, IDAHO CODE, TO REVISE THE DEFINITIONS OF HEATING,
4 VENTILATION AND AIR CONDITIONING SPECIALTY APPRENTICE AND SPECIALTY CON-
5 TRACTOR; AND AMENDING SECTION 54-5004, IDAHO CODE, TO ASSIGN BOARD MEMBER
6 POSITION NUMBERS AND TO CLARIFY QUALIFICATIONS, TO PROVIDE FOR ELECTION OF
7 A CHAIRMAN EVERY THREE YEARS, TO DELETE OBSOLETE PROVISIONS, TO PROVIDE
8 FOR EXPIRATION OF TERMS OF MEMBERS APPOINTED OR SERVING PRIOR TO JULY 1,
9 2007, AND TO PROVIDE FOR APPOINTMENT OF BOARD MEMBERS FOR TERMS COMMENCING
10 JULY 1, 2007.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 54-5003, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 54-5003. DEFINITIONS. As used in this chapter:
15 (1) "Heating, ventilation and air conditioning (HVAC)" means and includes
16 the business, trade, practice or work, materials and fixtures used in the
17 design, construction, installation, improvement, extension and alteration of
18 all piping, venting, ductwork, appliances and appurtenances in connection with
19 any heating, ventilation or air conditioning system or subsystems of such.
20 (2) "Heating, ventilation and air conditioning apprentice" means any per-
21 son who, as his principal occupation, is engaged in learning and assisting in
22 installation, improvement, extension, alteration or repair of HVAC systems. An
23 apprentice shall perform HVAC work under the supervision of an HVAC journeyman
24 or HVAC contractor.
25 (3) "Heating, ventilation and air conditioning contractor" means any per-
26 son who fabricates, installs, maintains, services and repairs warm air heating
27 and water heating systems, heat pumps, complete with warm air appliances
28 including, but not limited to, boilers, pool heaters, space heaters,
29 decorative gas and solid-fuel burning furnaces, and gas, propane, electric or
30 oil-fired water heaters; ventilating systems complete with blowers and plenum
31 chambers; air conditioning systems complete with air conditioning unit and the
32 ducts, registers, flues, humidity and thermostatic controls of air, liquid or
33 gas temperatures below fifty (50) degrees fahrenheit or ten (10) degrees
34 celsius, and air filters in connection with any of these systems.
35 (4) "Heating, ventilation and air conditioning journeyman" means any per-
36 son who, as his principal occupation, is engaged in the installation, improve-
37 ment, extension, alteration or repair of HVAC systems and who is familiar with
38 the provisions of this chapter and who works in the employ and under direction
39 of an HVAC contractor.
40 (5) "Heating, ventilation and air conditioning specialty apprentice"
41 means any person who, as his principal occupation, is engaged in learning and
42 assisting in a specific aspect of installation, improvement, extension, alter-
43 ation or repair of HVAC systems that includes, but is not limited to, such
2
1 aspects as gas piping, gas appliances and installation, or decorative gas-
2 fired appliances. A specialty apprentice shall perform HVAC work under the
3 supervision of an HVAC journeyman, HVAC specialty journeyman, HVAC contractor
4 or an HVAC specialty contractor.
5 (6) "Heating, ventilation and air conditioning specialty contractor"
6 means any person who, as his principal occupation, is engaged in a specific
7 aspect of the heating, ventilation and air conditioning trade that includes,
8 but is not limited to, such aspects as gas piping, gas appliances and instal-
9 lation, or decorative gas-fired appliances.
10 (7) "Heating, ventilation and air conditioning specialty journeyman"
11 means any person who, as his principal occupation, is engaged in a specific
12 aspect of installation, improvement, extension, alteration or repairing of
13 HVAC systems that includes, but is not limited to, such aspects as gas piping,
14 gas appliances and installation, or decorative gas-fired appliances. A spe-
15 cialty journeyman is familiar with the provisions of this chapter and works in
16 the employ and under direction of an HVAC contractor or an HVAC specialty con-
17 tractor.
18 (8) "Heating, ventilation and air conditioning system" means any heating,
19 ventilation or air conditioning system in a residential, private, public or
20 semipublic building or structure including, but not limited to, any mechanical
21 means of heating or air conditioning and to gas piping, venting, ductwork and
22 controls.
23 (9) "Local government" means any incorporated city or any county in the
24 state.
25 SECTION 2. That Section 54-5004, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 54-5004. IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD. (1) The
28 Idaho heating, ventilation and air conditioning board, referred to as the
29 board, is hereby created and made part of the division of building safety. It
30 shall be the responsibility and duty of the administrator of the division of
31 building safety to administer and enforce the provisions of this chapter, and
32 the board shall make, promulgate and publish such rules as may be necessary to
33 carry out the provisions of this chapter. Except as may be limited or prohib-
34 ited by law, such rules so made and promulgated shall have the force of stat-
35 ute.
36 (2) The board shall consist of seven (7) members appointed by the gover-
37 nor, with power of removal for cause. Members shall be appointed for a term of
38 three (3) years. Whenever a vacancy occurs, the governor shall forthwith
39 appoint a qualified person to fill the vacancy for the unexpired portion of
40 the term. All members of the board shall be United States citizens, residents
41 of this state for not less than two (2) years, and qualified by knowledge,
42 integrity and experience to properly perform the functions of the board. All
43 members of the board shall take, subscribe and file with the secretary of
44 state an oath of office in the form, manner and time as prescribed by chapter
45 4, title 59, Idaho Code.
46 (3) Of the seven (7) board members, the board member positions and quali-
47 fications are as follows:
48 (a) Board member positions one and two are two (2) members who shall be
49 active HVAC contractors as defined in section 54-5003, Idaho Code, with
50 not less than five (5) years' experience in the HVAC contracting business;
51 (b) Board member position three is one (1) member who shall be a city
52 official;
53 (c) Board member position four is one (1) member who shall be a county
3
1 official;
2 (d) Board member position five is one (1) member who shall be a private
3 sector mechanical engineer with experience in mechanical system design;
4 (e) Board member position six is one (1) member of the initial board
5 shall be a contractor member of the Idaho electrical board who shall serve
6 a two (2) year term and thereafter the sixth board member who shall be
7 qualified as a specialty contractor who shall serve a three (3) year term
8 as defined in section 54-5003, Idaho Code, with not less than five (5)
9 years' experience; and
10 (f) Board member position seven is one (1) member of the initial board
11 shall be a contractor member of the Idaho plumbing board who shall serve a
12 two (2) year term and thereafter the seventh board member who shall be an
13 HVAC contractor as defined in section 54-5003, Idaho Code, with not less
14 than five (5) years' experience in the HVAC contracting business. who
15 shall serve a three (3) year term.
16 (4) The board shall meet within thirty (30) days after the appointment of
17 all its members and thereafter at such other times as may be expedient and
18 necessary for the proper performance of its duties. At the board's first meet-
19 ing, the members shall elect one (1) of their number to be chairman; thereaf-
20 ter, the board shall elect a chairman every three (3) years. A majority of the
21 board shall constitute a quorum for the transaction of business and not less
22 than two (2) quorum meetings shall be held each year. The board may delegate
23 to any member, or its chairman or other employees, the power to make investi-
24 gations and hold hearings at any place it may deem proper, and to report find-
25 ings to it; and may delegate to its chairman and employees the performance of
26 ministerial functions.
27 (5) Terms of all board members appointed or serving prior to July 1,
28 2007, shall expire on June 30, 2007. Board members appointed to terms commenc-
29 ing July 1, 2007, shall be as follows:
30 (a) Persons appointed to board member positions four and five shall serve
31 an initial term of one (1) year and thereafter the terms shall be three
32 (3) years;
33 (b) Persons appointed to board member positions three and six shall serve
34 an initial term of two (2) years and thereafter the terms shall be three
35 (3) years; and
36 (c) Persons appointed to board member positions one, two and seven shall
37 serve a term of three (3) years and thereafter the terms shall be three
38 (3) years, as specified for all terms in subsection (2) of this section.
39 (6) Each member of the board shall be compensated as provided in section
40 59-509(h), Idaho Code.
STATEMENT OF PURPOSE
RS 16819
The purpose of this legislation is to define the experience and
knowledge of members appointed to the Idaho Heating, Ventilation
and Air Conditioning Board. Recent appointees do not have the
broad knowledge of the entire industry. Late appointments to the
board create too many board members' terms expiring at the same
time, resulting in a loss of knowledge of previous board actions.
This legislation is the result of meetings with the governor's
attorney and reflects recommended possible solutions. Current
board members' terms will expire prior to June 30, 2007, and new
members will be appointed effective July 1, 2007.
FISCAL NOTE
None.
Contact
Name: Bob Corbell, Idaho HVAC Board
Phone: 870-5817
STATEMENT OF PURPOSE/FISCAL NOTE H 134