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H0437...........................................................by BUSINESS STATE FIRE MARSHAL - Amends existing law relating to the State Fire Marshal to provide that the International Fire Code shall apply to state-owned buildings and premises; and to provide that counties may, by ordinance, adopt provisions of the International Fire Code to be applied to and enforced on property located in the county. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 437 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE STATE FIRE MARSHAL; AMENDING SECTION 41-253, IDAHO CODE, TO 3 PROVIDE THAT THE INTERNATIONAL FIRE CODE SHALL APPLY TO STATE-OWNED BUILD- 4 INGS AND PREMISES AND TO PROVIDE THAT COUNTIES MAY BY ORDINANCE ADOPT PRO- 5 VISIONS OF THE INTERNATIONAL FIRE CODE TO BE APPLIED TO AND ENFORCED ON 6 PROPERTY LOCATED IN THE COUNTY; AMENDING SECTION 41-254, IDAHO CODE, TO 7 REVISE POWERS AND DUTIES OF THE STATE FIRE MARSHAL AND TO MAKE TECHNICAL 8 CORRECTIONS; AND AMENDING SECTION 41-256, IDAHO CODE, TO CLARIFY THE 9 AUTHORITY OF ASSISTANTS TO THE STATE FIRE MARSHAL AND TO MAKE TECHNICAL 10 CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 41-253, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-253. STATEMENT OF PURPOSE -- ADOPTION OF INTERNATIONAL FIRE CODE -- 15 COUNTY OPTION. (1) The purpose of sections 41-253 through 41-269, Idaho Code, 16 is to protect human life from fire, and to prevent fires. These sections are 17 intended to prescribe regulations consistent with nationally recognized good 18 practice for the safeguarding of life and property from hazards of fire and 19 explosion arising from the storage, handling and use of hazardous substances, 20 materials, and devices, and from conditions hazardous to life or property in 21 the use or occupancy of buildings or premises, and there is hereby adopted the 22 "International Fire Code," 2000 edition, with appendices thereto, published by 23 the International Code Council, Inc. and such later editions as may be so pub- 24 lished and adopted by the state fire marshal, as the minimum standards for the 25 protection of life andpropertyall state-owned buildings and premises from 26 fire and explosions in the state of Idaho. 27 (2) Provisions of the International Fire Code shall not be applied to or 28 enforced in relation to property, other than state-owned buildings and prem- 29 ises, in any county of the state of Idaho unless the board of county commis- 30 sioners of the county, by ordinance, specifically adopts those provisions 31 within the International Fire Code that are to be applied and enforced within 32 the county. 33 (3) For the purposes of sections 41-253 through 41-269, Idaho Code, the 34 "International Fire Code" shall mean the publications as adopted under subsec- 35 tion (1) of this section. 36 SECTION 2. That Section 41-254, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 41-254. POWERS AND DUTIES OF STATE FIRE MARSHAL -- INTERNATIONAL FIRE 39 CODE, ENFORCEMENT AND REGULATIONS -- REPORTS. The state fire marshal shall be 40 appointed by the director of the department of insurance, with the approval of 41 the governor and shall serve at the pleasure of the director. The state fire 2 1 marshal shall have the following powers and duties: 2 1. To enforce theiInternationalfFirecCode in relation to property 3 within his jurisdiction. 4 2. To prescribe regulations in addition to theiInternationalfFire 5cCode as adopted, which may be deemed necessary for the prevention of fires 6 and protection of life and property, and such regulations are to be enforced 7 by the state fire marshal. 8 3. To make interpretations and rules of the intent of the various provi- 9 sions of theiInternationalfFirecCode as adopted. 10 4. To adopt, rescind, modify or amend rules and regulations for the exer- 11 cise of functional powers and duties. 12 5. To transmit to the governor and legislature, on or before the 15th day 13 of July of every year, a full report of proceedings under sections 41-253 14 through 41-269, Idaho Code, and such statistics as he may wish to include 15 therein unless some other time for reporting is fixed by law, and such report 16 shall be available to the public. 17 6. To make recommendations for amendments to theiInternationalfFire 18cCode to be submitted to the promulgating authority for its consideration. 19 7. To have exclusive jurisdiction over single service integrated fire 20 sprinkler systems. A "single service integrated fire sprinkler system" is 21 defined as an integrated system of underground and overhead piping, valves and 22 sprinklers used exclusively for fire protection purposes and designed in 23 accordance with fire protection engineering standards, including the 24iInternationalfFirecCode as to such systems located in property within his 25 jurisdiction, beginning with the first connection to a public water system 26 regardless of the existence or location of aback flowbackflow prevention 27 device. 28 8. No person shall be eligible to serve as state fire marshal unless he: 29 (a) Has had at least twelve (12) years' full-time paid experience with a 30 state, city or county fire protection agency whose primary function is 31 fire prevention and structural fire safety, including at least five (5) 32 years' experience in an administrative capacity as the chief agency offi- 33 cer; or 34 (b) Holds a four (4) year college degree in one (1) of the physical sci- 35 ences and has had at least five (5) years' full-time experience in fire 36 protection and structural fire safety with a fire protection agency; or 37 (c) Is a member of the American society of fire protection engineers. 38 SECTION 3. That Section 41-256, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 41-256. ASSISTANTS TO STATE FIRE MARSHAL. The chief of the fire depart- 41 ment, or his deputy, of every city or county, or fire protection district 42 organized under state law in which a fire department is established, and in 43 areas where no organized fire department exists, the county sheriff, or his 44 deputy, shall be assistants to the state fire marshal in carrying out the pro- 45 visions of theiInternationalfFirecCode and such other regulations as set 46 forth by the fire marshal as authorized by the provisions of sections 41-253 47 through 41-269, Idaho Code.
STATEMENT OF PURPOSE
RS 17743
This legislation will exempt a county from enforcement of the
International Fire Code unless the County Commissioners
specifically adopt provisions.
FISCAL NOTE
There is no fiscal impact to the General Fund.
Contact
Name: Speaker Lawerence Denney
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 437