2008 Legislation
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SENATE BILL NO. 1396<br /> – Building Code Bd, amend bldg codes


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1396


  1                                        AN ACT

  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 20036 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 20036  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 20036 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 20036 International Existing Building Code as  published
 28    by the International Code Council.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE
                           RS 17407C1
  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.
                          FISCAL NOTE
  There will be no fiscal impact from the passage of this legislation.
  Name:     Steve Keys
  Agency:   Building Safety
  Phone:    332-8986
  STATEMENT OF PURPOSE/FISCAL NOTE                                S 1396