Print Friendly HOUSE BILL NO. 437
– State fire marshal
HOUSE BILL NO. 437
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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.
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]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN 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
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 and property all 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
1 marshal shall have the following powers and duties:
2 1. To enforce the iInternational fFire cCode in relation to property
3 within his jurisdiction.
4 2. To prescribe regulations in addition to the iInternational fFire
5 cCode 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 the iInternational fFire cCode 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 the iInternational fFire
18 cCode 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
24 iInternational fFire cCode 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 a back flow backflow prevention
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 the iInternational fFire cCode 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
This legislation will exempt a county from enforcement of the
International Fire Code unless the County Commissioners
specifically adopt provisions.
There is no fiscal impact to the General Fund.
Name: Speaker Lawerence Denney
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 437