TITLE 39

HEALTH AND SAFETY

CHAPTER 41

IDAHO BUILDING CODE ACT

39-4107.  Powers and duties. (1) The board shall continually study the operation of adopted codes, standards and rules relating to the construction of buildings or facilities under the jurisdiction of the division to ascertain their effect upon the public safety and shall support an ongoing effort to promote the uniform adoption, application and interpretation of safety, accessibility and building codes statewide. The board shall have the authority to adopt and enforce the codes specified in section 39-4109, Idaho Code, or later editions of such codes, and to promulgate rules in accordance with chapter 52, title 67, Idaho Code, to implement the provisions of this chapter.

(2)  The board shall function as a board of appeals for the division as prescribed in the adopted building code. The board shall have no authority to waive any requirements of the codes enumerated in this chapter or in rules promulgated pursuant to this chapter. Provided further:

(a)  The decisions of the board shall be final, and the board shall render all decisions and findings in writing to the appellant and the administrator within ten (10) working days of the conclusion of a hearing; and

(b)  For each appeal brought before the board, the chairman shall appoint not less than three (3) members of the board to hear the appeal and render a decision and finding in the name of the board.

(3)  The board shall utilize experts, consultants, and technical advisors for assistance and recommendations relative to codes, standards, and appeals.

(4)  The administrator may make building code inspections for another state or local jurisdiction upon request by an appropriate building official. Such inspections shall be made in accordance with the applicable building codes of the requesting jurisdiction. Fees charged for such inspection services shall be as provided in rules promulgated by the board pursuant to chapter 52, title 67, Idaho Code.

(5)  Notwithstanding the exemptions provided in subsection (4)(b) of section 39-4103, Idaho Code, the administrator may make inspections of modular buildings constructed in Idaho upon written request from the manufacturer.

(a)  Such inspections shall be made in accordance with the codes adopted in this chapter.

(b)  Inspection fees shall be as provided in section 39-4303, Idaho Code.

(c)  The administrator of the division of occupational and professional licenses may issue an insignia of approval if the buildings are in compliance with the requirements set forth in chapter 43, title 39, Idaho Code.

History:

[39-4107, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 4, p. 411; am. 2000, ch. 465, sec. 3, p. 1441; am. 2002, ch. 345, sec. 9, p. 969; am. 2004, ch. 250, sec. 3, p. 718; am. 2007, ch. 252, sec. 3, p. 739; am. 2023, ch. 15, sec. 11, p. 80.]