Print Friendly SENATE BILL NO. 1396
– Building Code Bd, amend bldg codes
SENATE BILL NO. 1396
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S1396.......................................by COMMERCE AND HUMAN RESOURCES
BUILDING CODES - Amends existing law to provide the Idaho Building Code
Board the authority to amend specified building codes; and to revise
certain building code references.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1396
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BUILDING CODE BOARD; AMENDING SECTION 39-4107, IDAHO
3 CODE, TO PROVIDE THE IDAHO BUILDING CODE BOARD THE AUTHORITY TO AMEND
4 SPECIFIED CODES; AND AMENDING SECTION 39-4109, IDAHO CODE, TO REVISE CER-
5 TAIN REFERENCED CODE REVISIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-4107, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-4107. POWERS AND DUTIES. (1) The board shall continually study the
10 operation of adopted codes, standards and rules relating to the construction
11 of buildings or facilities under the jurisdiction of the division to ascertain
12 their effect upon the public safety and shall support an ongoing effort to
13 promote the uniform adoption, application and interpretation of safety, acces-
14 sibility and building codes statewide. The board shall have the authority to
15 adopt, amend and enforce the codes specified in section 39-4109, Idaho Code,
16 or later editions of such codes, and to promulgate rules in accordance with
17 chapter 52, title 67, Idaho Code, to implement the provisions of this chapter.
18 (2) The board shall function as a board of appeals for the division as
19 prescribed in the adopted building code. The board shall have no authority to
20 waive any requirements of the codes enumerated in this chapter or in rules
21 promulgated pursuant to this chapter. Provided further:
22 (a) The decisions of the board shall be final, and the board shall render
23 all decisions and findings in writing to the appellant and the administra-
24 tor within ten (10) working days of the conclusion of a hearing; and
25 (b) For each appeal brought before the board, the chairman shall appoint
26 not less than three (3) members of the board to hear the appeal and render
27 a decision and finding in the name of the board.
28 (3) The board shall utilize experts, consultants, and technical advisors
29 for assistance and recommendations relative to codes, standards, and appeals.
30 (4) The administrator may make building code inspections for another
31 state or local jurisdiction upon request by an appropriate building official.
32 Such inspections shall be made in accordance with the applicable building
33 codes of the requesting jurisdiction. Fees charged for such inspection ser-
34 vices shall be as provided in rules promulgated by the board pursuant to chap-
35 ter 52, title 67, Idaho Code.
36 (5) Notwithstanding the exemptions provided in subsection (4)(b) of sec-
37 tion 39-4103, Idaho Code, the administrator may make inspections of modular
38 buildings constructed in Idaho upon written request from the manufacturer.
39 (a) Such inspections shall be made in accordance with the codes adopted
40 in this chapter.
41 (b) Inspection fees shall be as provided in section 39-4303, Idaho Code.
42 (c) The administrator of the division of building safety may issue an
43 insignia of approval if the buildings are in compliance with the require-
1 ments set forth in chapter 43, title 39, Idaho Code.
2 SECTION 2. That Section 39-4109, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-4109. APPLICATION OF CODES. The following codes are hereby adopted
5 effective January 1, 2008, for the state of Idaho division of building safety
6 and shall only be applied by local governments as prescribed by section
7 39-4116, Idaho Code:
8 (1) The 200 36 International Building Code:
9 (a) Including appendices thereto pertaining to building accessibility;
10 (b) Excluding the incorporated electrical codes, mechanical code, fuel
11 gas code, plumbing codes, fire codes or property maintenance codes other
12 than specifically referenced subjects or sections of the International
13 Fire Code;
14 (c) Including the incorporated International Residential Code, parts I,
15 II, III, IV and IX; International Energy Conservation Code; and rules pro-
16 mulgated by the board to provide equivalency with the provisions of the
17 Americans with disabilities act accessibility guidelines and the fair
18 housing act accessibility guidelines shall be included; and
19 (d) Replacing section 903.2.7 of the 200 36 International Building Code
20 with sections 903.2.7, 903.2.8 and 903.2.9 of the 2000 International
21 Building Code, which pertain to fire sprinklers in group R occupancies.
22 (2) The 200 36 International Residential Code as published by the Interna-
23 tional Code Council, except for parts V, VI, VII and VIII as they pertain to
24 mechanical, fuel gas, plumbing and electrical requirements;
25 (3) The 2006 International Energy Conservation Code as published by the
26 International Code Council; and
27 (4) The existing 200 36 International Existing Building Code as published
28 by the International Code Council.
STATEMENT OF PURPOSE
The proposed legislation provides a revision to Section 39-4107,
Idaho Code, giving the Building Code Board authority to amend
adopted codes. The proposed legislation also revises Section
39-4109, Idaho Code correcting references to the specific editions
of building codes in effect in the State of Idaho. The need for the
code reference corrections results from the enactment of House Bill 137
last legislative session. House Bill #137 inadvertently changed the
effective dates of the 2003 International Building Code and other codes
to January 1, 2008, when, in fact, those affected codes were effective
January 1, 2005. The Building Code Board had since legally adopted the
2006 versions of these codes, and reverting to the earlier versions would
be counterproductive and costly to affected industries and jurisdictions.
There will be no fiscal impact from the passage of this legislation.
Name: Steve Keys
Agency: Building Safety
STATEMENT OF PURPOSE/FISCAL NOTE S 1396