TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 26

PLUMBING AND PLUMBERS

54-2601.  Declaration of policy and purpose of act — idaho state plumbing code. (1) The purpose of this act is to provide certain standards and requirements for the use of and the design, construction, installation, improvement, extension and alteration of materials, piping, venting, fixtures, appliances and appurtenances in relation to plumbing and plumbing systems hereinafter defined and to provide that all plumbing and plumbing systems in the state shall be designed, constructed, installed, improved, extended and altered in substantial accord with the uniform plumbing code published by the international association of plumbing and mechanical officials and as it shall be amended, revised, compiled and published from time to time and as subsequent editions, amendments or revisions thereto shall be adopted by the Idaho plumbing board through the negotiated rulemaking process. Any amendments, revisions or modifications made to the uniform plumbing code by the board shall be made by administrative rules promulgated by the board. The uniform plumbing code together with any amendments, revisions or modifications made by the board shall collectively constitute and be named the Idaho state plumbing code. The board shall conduct a minimum of two (2) public hearings with notice of such public hearings provided in accordance with the provisions of section 74-204, Idaho Code.

(2)  Cities or counties electing to implement a plumbing code enforcement program shall do so only in compliance with the provisions of this section. Cities or counties may elect to implement a plumbing enforcement program by passing an ordinance evidencing the intent to do so. Cities or counties that perform plumbing code enforcement activities shall, except as provided in subsection (3) of this section, by ordinance adopt the uniform plumbing code together with any amendments thereto made by the board, which shall collectively constitute and be named the Idaho state plumbing code. The effective date of any edition of the code adopted by the board shall be January 1 of the year following its adoption.

(3)  Cities or counties may further amend the Idaho state plumbing code adopted by the board in conformance with this section to address local concerns as long as such amendments prescribe at least an equivalent level of protection to that contained in the uniform plumbing code. Provided however, that no code other than the uniform plumbing code together with any amendments, revisions or modifications made by the board that collectively constitute the Idaho state plumbing code may serve as the standard for plumbing installations in such city or county. A city or county electing to amend the Idaho state plumbing code as adopted by the board may do so only after a finding by the city or county that good cause exists for such an amendment and that such amendment is reasonably necessary. Prior to making a finding of good cause for such an amendment, the city or county shall conduct a public hearing. Notice of the time and place of the public hearing shall be published in the official newspaper or paper of general circulation within the city or county. Written notice of such public hearing and the text of the proposed amendment shall be given by the city or county to the board not less than thirty (30) days prior to such hearing.

(4)  The remaining provisions of this act shall not apply, except as hereinafter provided, to cities or counties if such cities or counties enact ordinances or codes prescribing the Idaho state plumbing code and amendments it may make thereto in accordance with this section for all plumbing installations which shall be considered the equal standards and requirements including the enforcement thereof as provided by this act.

(5)  A city or county that enforces plumbing codes shall do so only in compliance with the provisions of this section and the Idaho state plumbing code. A city or county that performs plumbing code enforcement activities pursuant to this section may perform plumbing code enforcement activities for other cities or counties. The provisions of the Idaho state plumbing code shall be used as the standard for plumbing code enforcement activities pursuant to this section.

(6)  A city or county that has not previously instituted and implemented a plumbing code enforcement program prior to the effective date of this act may elect to implement such a program by passing an ordinance evidencing the intent to do so. A city or county may contract with a public or private entity to administer its plumbing code enforcement program pursuant to the provisions of this section.

(7)  A city or county that chooses to conduct its own plumbing code enforcement inspections or to receive such inspections from another city or county shall provide the division of occupational and professional licenses notice of such decision in writing at least thirty (30) days prior to implementation.

(8)  A city or county that terminates a permitting and inspection program established pursuant to this section shall notify the division of occupational and professional licenses in writing of its intent to terminate such program. Upon termination of a city or county permitting and inspection program, the division of occupational and professional licenses shall provide plumbing code enforcement services in the jurisdiction for a minimum of one (1) year.

History:

[(54-2601) 39-2701, added 1957, ch. 214, sec. 1, p. 454; am. 1963, ch. 138, sec. 1, p. 392; am. 1975, ch. 120, sec. 1, p. 250; am. and redesig. 1984, ch. 123, sec. 1, p. 282; am. 2012, ch. 53, sec. 1, p. 151; am. 2015, ch. 141, sec. 147, p. 493; am. 2024, ch. 54, sec. 2, p. 269.]