reglab/housing_qa huggingface dataset:
ID Code § 39-7902 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7902 - LEGISLATIVE FINDINGS AND PURPOSES.

39-7902. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature finds that: (a) The swine industry is experiencing rapid changes such as increased sophistication of production technology, increased demand for capital to maintain or expand operations, consolidation of production and packing facilities and changing consumer demands and markets; (b) Large swine facilities increase social and environmental impacts in the areas where these facilities are located; (c) Adverse public health and environmental impacts can result from the improper siting of large swine facilities, therefore the need for establishing safe sites with an adequate supply of natural resources, such as water, and an adequate capacity for the disposal of animal waste is a matter of statewide concern; (d) Section 39-104A, Idaho Code, vests the department of environmental quality with the responsibility to make rules regulating swine operations; and section 39-105, Idaho Code, vests the department of environmental quality with the responsibility for the general supervision of the promotion and protection of the life, health and environment of the people of the state, including regulation of air quality, water quality and disposal of solid waste. (2) (a) To facilitate swine facility siting decisions by boards of county commissioners and governing bodies of cities, this chapter establishes a review process within the department of environmental quality for construction or expansion of large swine facilities of a certain size, and to require approval of sites. (b) The procedures and requirements established in this chapter are necessary to facilitate the proper siting of large swine facilities, to effect timely and responsible completion of statutory duties and to ensure protection of human health, natural resources, private property values and the environment of the state. (c) The site approval required in this chapter is required in addition to any other license, permit or approval required by law or rule. (3) It is the intent of the legislature that this chapter will be applied only to swine facilities with a capacity of twenty thousand (20,000) animal units or more and that this chapter will not be applied to any other confined animal feeding operations.  History: [39-7902, added 2000, ch. 268, sec. 1, p. 756; am. 2001, ch. 103, sec. 72, p. 313.]
ID Code § 39-7904 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7904 - SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION.

39-7904. SITE APPROVAL REQUIRED — SITE APPROVAL IS SUPPLEMENTAL — LOCAL OPTION — LOCAL ACTION REQUIRED FOR DEPARTMENT ACTION. (1) No person may construct or expand a large swine facility regulated by this chapter without first obtaining site approval from the director as provided in this chapter. (2) The site approval required by this chapter for construction or expansion of a large swine facility is required in addition to requirements of any rules of the department. Further, the site approval required by this chapter must be obtained in addition to any other license, permit or approval required by law or rule. (3) This chapter does not preempt the local regulation of swine facilities. This chapter provides boards of county commissioners and governing bodies of cities with an optional procedure for siting swine facilities. If boards of county commissioners and governing bodies of cities do not exercise their option to comply with this chapter, they are not subject to its provisions and may exercise individual authority to accept, regulate or reject swine facilities independently of this chapter. (4) This chapter applies only if the board of county commissioners or governing body of a city, whichever has jurisdiction over the site for a proposed swine facility, chooses to comply with this chapter. If a board of county commissioners or a governing body of a city with jurisdiction chooses not to comply with this chapter, the department is not required to take any action under this chapter. (5) Boards of county commissioners and governing bodies of cities that choose to comply with this chapter shall signify compliance by resolution or ordinance communicated to the director in writing. (6) If a board of county commissioners or a governing body of a city chooses to comply with this chapter, the department does not have to issue a determination or notice of environmental suitability of facility location pursuant to its rules for swine facilities, IDAPA 58.01.09.  History: [39-7904, added 2000, ch. 268, sec. 1, p. 758; am. 2021, ch. 321, sec. 24, p. 966.]
ID Code § 39-7905 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7905 - APPLICATION — FACILITIES REGULATED.

39-7905. APPLICATION — FACILITIES REGULATED. (1) The following swine facilities must obtain site approval under this chapter: (a) New swine facilities having a one-time animal unit capacity of twenty thousand (20,000) or more animal units; and (b) Existing swine facilities that expand their one-time animal unit capacity to twenty thousand (20,000) animal units or more. (2) Two (2) or more swine facilities under common owners, operators or those with whom the owners or operators contract or are located within the same county or within five (5) miles of each other shall be considered, for purposes of licensing, to be a single facility regulated under this chapter, even though separately their capacity is less than twenty thousand (20,000) animal units. In each case, the director shall determine whether one (1) or multiple site approvals are required. (3) (a) Existing swine facilities with a one-time animal unit capacity of twenty thousand (20,000) animal units built and in operation one (1) year or more before the original effective date of this chapter are exempt from the requirement to obtain a site approval pursuant to this chapter unless they expand as provided in this section. However, such facilities shall register with the director within three (3) months after the original effective date of this chapter. The director shall determine the information that must be submitted as part of their registration. (b) Existing swine facilities required in this subsection to register with the director shall submit a nutrient management plan and closure plan to the director for approval within two (2) years of the original effective date of this chapter in accordance with rules of the department. An application fee shall not be required unless the facility is expanding.  History: [39-7905, added 2000, ch. 268, sec. 1, p. 759.]
ID Code § 39-7906 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7906 - DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES.

39-7906. DIRECTOR MAY MAKE RULES AND CONTRACT WITH OTHER AGENCIES. (1) The director may adopt administrative rules he deems necessary or helpful to carry out the purposes of this chapter. (2) The director may enter into contracts, agreements, memorandums and other arrangements with federal, state and local agencies to carry out the purposes of this chapter.  History: [39-7906, added 2000, ch. 268, sec. 1, p. 760.]
ID Code § 39-7911 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7911 - FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION.

39-7911. FINANCIAL ASSURANCE FOR CLOSURE AND REMEDIATION. (1) All swine facilities regulated by section 39-104A, Idaho Code, and this chapter shall provide financial assurances demonstrating financial capability to meet requirements for closure of the facilities and remediation. Requirements for financial assurances shall be determined by the agency as set forth in rule. Financial assurances may include any mechanism or combination of mechanisms meeting the requirements established by agency rule including, but not limited to, surety bonds, trust funds, irrevocable letters of credit, insurance and corporate guarantees. The mechanism(s) used to demonstrate financial capability must be legally valid, binding and enforceable under applicable law and must ensure that the funds necessary to meet the costs of closure and remediation will be available whenever the funds are needed. The director may retain financial assurances for up to five (5) years after closure of a facility to ensure proper closure and remediation, as defined by rule. (2) Nothing in this section prohibits the boards of county commissioners of any county or the governing body of any city from adopting regulations that are more stringent or that require greater financial assurances than those imposed by the department of environmental quality.  History: [39-7911, added 2000, ch. 268, sec. 1, p. 767; am. 2001, ch. 103, sec. 75, p. 317.]
ID Code § 39-7912 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7912 - DIRECTOR MAY REQUEST ADDITIONAL INFORMATION.

39-7912. DIRECTOR MAY REQUEST ADDITIONAL INFORMATION. The applicant shall provide the director with additional information the director deems necessary to process an application, within thirty (30) days of the director’s request. The time period within which the director must act with regard to an application shall be stayed until the information requested is provided. If an applicant fails to provide the information within this time period, unless a longer time period is allowed by the director, the director may stop the application process and require the applicant to submit a new application.  History: [39-7912, added 2000, ch. 268, sec. 1, p. 767.]
ID Code § 39-7913 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7913 - VIOLATIONS AND ENFORCEMENT.

39-7913. VIOLATIONS AND ENFORCEMENT. (1) The following acts are unlawful: (a) Failure to comply with this chapter and any rules of the department regulating swine facilities, and conditions of site approval granted pursuant to this chapter; (b) Knowingly making a false statement, representation, or certification in any application report, document, or record developed, maintained, or submitted pursuant to this chapter, rules or conditions of a site approval. (2) Any person violating this chapter or any site approval or order under this chapter is liable for a civil or criminal penalty in accordance with chapter 1, title 39, Idaho Code. The director may apply the provisions of chapter 1, title 39, Idaho Code, to ensure compliance. (3) The director may revoke a site approval: (a) For material violation of any condition of a site approval, final agency order or order or judgment of a court secured by any state or federal agency and relating to the operation of a swine facility; (b) If an approval was obtained by misrepresentation or failure to disclose all relevant facts; (c) If approval for adequate water rights cannot be obtained from the Idaho department of water resources; (d) The site or facility does not meet the requirements of this chapter. (4) A private right of action on behalf of any person who has been injured or damaged by any approval authorized in this chapter or violation of the terms of any approval or rule authorized in this chapter may be maintained in accordance with the provisions of this chapter and/or the provisions of chapter 52, title 67, Idaho Code, as applicable.  History: [39-7913, added 2000, ch. 268, sec. 1, p. 767.]
ID Code § 39-7914 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7914 - CONFIDENTIALITY OF RECORDS.

39-7914. CONFIDENTIALITY OF RECORDS. Information obtained by a public agency pursuant to this chapter or its associated rules is subject to public disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. Information submitted under a trade secret claim may be entitled to confidential treatment as provided in section 74-114, Idaho Code, and rules of the department of environmental quality.  History: [39-7914, added 2000, ch. 268, sec. 1, p. 768; am. 2001, ch. 103, sec. 76, p. 317; am. 2015, ch. 141, sec. 100, p. 451.]
ID Code § 39-7915 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7915 - SEVERABILITY CLAUSE.

39-7915. SEVERABILITY CLAUSE. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  History: [39-7915, added 2000, ch. 268, sec. 1, p. 768.]
ID Code § 39-7916 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 79 - LOCAL OPTION SWINE FACILITIES SITING ACT|Section 39-7916 - CONFLICTS CLAUSE.

39-7916. CONFLICTS CLAUSE. If a conflict arises between this chapter and rules of the department regulating swine facilities, the most restrictive provision shall apply.  History: [39-7916, added 2000, ch. 268, sec. 1, p. 768.]
ID Code § 39-8001 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8001 - SHORT TITLE.

39-8001. SHORT TITLE. This act, comprised of Sections 39-8001, 39-8002, 39-8003, 39-8004, 39-8005, 39-8006, 39-8007, 39-8008, 39-8009, 39-8010, 39-8011 and 39-8012, Idaho Code, shall be known and may be cited as the "Idaho Uniform School Building Safety Act."  History: [39-8001, added 2000, ch. 352, sec. 1, p. 1183.]
ID Code § 39-8002 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8002 - DECLARATION OF PURPOSE.

39-8002. DECLARATION OF PURPOSE. The purpose of this act is to assure the safety of children and others who use Idaho’s public schools by providing for a uniform school building safety code to apply to school buildings and by establishing procedures for achieving compliance with the code.  History: [39-8002, added 2000, ch. 352, sec. 1, p. 1183.]
ID Code § 39-8003 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8003 - SCOPE.

39-8003. SCOPE. This act shall apply to all facilities, existing now or constructed in the future, that are owned, leased or used for educational purposes by public school districts, charter schools, or a school for children in any grades kindergarten through twelve (12) that is operated by the state of Idaho receiving state funding. The authority granted under this act shall not prohibit local governments from acting to enforce applicable building and fire codes.  History: [39-8003, added 2000, ch. 352, sec. 1, p. 1183; am. 2001, ch. 326, sec. 4, p. 1151.]
ID Code § 39-8004 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8004 - DEFINITIONS.

39-8004. DEFINITIONS. As used in this act: (1) "Administrator" means the administrator of the division of building safety or his designated representative. (2) "Day" shall mean a calendar day unless otherwise specified. (3) "Imminent safety hazard" means a condition that presents an unreasonable risk of death or serious bodily injury to occupants of a building. (4) "Licensed professional" means a person licensed by the state of Idaho as an architect or an engineer. (5) "Local government" means any city or county of this state. (6) "Serious safety hazard" means a condition that presents an unreasonable health risk or risk of injury to occupants of a building.  History: [39-8004, added 2000, ch. 352, sec. 1, p. 1183; am. 2002, ch. 158, sec. 2, p. 461.]
ID Code § 39-8005 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8005 - IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE COMMITTEE CREATED — APPOINTMENT — TERMS — QUORUM — MEETINGS — COMPENSATION.

39-8005. IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE COMMITTEE CREATED — APPOINTMENT — TERMS — QUORUM — MEETINGS — COMPENSATION. There is hereby created within the office of the superintendent of public instruction the Idaho uniform school building safety code committee, hereafter referred to as the committee. The committee shall consist of eight (8) members and shall include one (1) representative from each of the following: the office of the superintendent of public instruction; the division of building safety; and the insurance industry, appointed by the department of insurance. The governor shall appoint three (3) members as follows: one (1) representative of local school boards; one (1) representative of school superintendents and a chairman, all of whom shall serve at his pleasure. The committee shall also include two (2) members of the Idaho legislature, one (1) appointed by the president pro tempore of the senate and one (1) appointed by the speaker of the house of representatives. A majority of the membership of the committee is a quorum. Upon completion of development of the Idaho uniform school safety code provided for in section 39-8006, Idaho Code, the committee shall meet at least annually to review and make any necessary revisions to the Idaho uniform school safety code. Each member of the committee shall be reimbursed for expenses as provided by section 59-509(b), Idaho Code, for each day spent in attendance at meetings of the committee.  History: [39-8005, added 2000, ch. 352, sec. 1, p. 1183; am. 2010, ch. 166, sec. 1, p. 340.]
ID Code § 39-8006 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8006 - COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE — INTERIM CODE.

39-8006. COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE — INTERIM CODE. (1) The committee shall develop the Idaho uniform school building safety code to be adopted by rule of the administrator pursuant to section 39-8007, Idaho Code. The Idaho uniform school building safety code shall address elements of the national codes identified in section 39-4109, Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130. (2) Until the Idaho uniform school building safety code is adopted by rule pursuant to section 39-8007, Idaho Code, the national codes adopted under section 39-4109, Idaho Code, and rule of the state board of education at IDAPA 08.02.02.130 shall serve as the interim Idaho uniform school building safety code.  History: [39-8006, added 2000, ch. 352, sec. 1, p. 1184.]
ID Code § 39-8006A (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8006A - BEST PRACTICES MAINTENANCE PLAN FOR SCHOOL BUILDINGS.

39-8006A. BEST PRACTICES MAINTENANCE PLAN FOR SCHOOL BUILDINGS. The administrator of the division of building safety and the state department of education shall consult and shall draft a best practices maintenance plan for school buildings which shall be supplied to the superintendent of each school district. Based on the best practices maintenance plan, each school district shall develop a ten (10) year plan and submit it to the division of building safety for approval. Such plan shall be submitted in all years ending in zero (0) or five (5), and shall include information detailing the work completed pursuant to the previous maintenance plan and any revisions to that plan.  History: [39-8006A, added 2006, ch. 311, sec. 9, p. 966; am. 2012, ch. 66, sec. 2, p. 189.]
ID Code § 39-8007 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8007 - POWERS AND DUTIES OF THE ADMINISTRATOR.

39-8007. POWERS AND DUTIES OF THE ADMINISTRATOR. (1) The administrator shall enforce the provisions of this chapter in cooperation with the superintendent of public instruction and the building code advisory board. (2) The administrator shall promulgate rules necessary to carry out the provisions of this chapter. Such rules shall be promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code. (3) The administrator shall establish a program for the timely review of public school construction plans as required by section 39-4113(4)(f), Idaho Code. (4) Upon request, the administrator shall provide training to school districts on the Idaho uniform school building safety code.  History: [39-8007, added 2000, ch. 352, sec. 1, p. 1184; am. 2009, ch. 219, sec. 3, p. 684; am. 2010, ch. 166, sec. 2, p. 340; am. 2010, ch. 174, sec. 2, p. 359.]
ID Code § 39-8009 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8009 - INJUNCTION.

39-8009. INJUNCTION. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain an action in the name of the state of Idaho to enjoin the district superintendent, principal, board of trustees or other person in charge from acting in violation of such notice or order or from doing any action that interferes with the administrator carrying out his statutory duties. Such action shall be brought in the district court in which said acts are claimed to have been committed by filing a verified complaint setting forth said act. The court, if satisfied from such complaint or affidavits that the act complained of has been or is being committed and will persist, may issue a temporary writ without notice or bond enjoining the defendant from the commission of such act pending final disposition of the cause. The cause shall proceed as in other causes for injunction. If, at the trial, the commission of said act by the defendant be established and the court further finds it probable that the defendant will continue in such act or similar acts, the court shall enter a decree enjoining said defendant from committing said or similar acts.  History: [39-8009, added 2000, ch. 352, sec. 1, p. 1185; am. 2002, ch. 158, sec. 4, p. 463.]
ID Code § 39-8010 (2021)
2021 Idaho Code|Title 39 - HEALTH AND SAFETY|Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY|Section 39-8010 - APPEAL TO BUILDING CODE ADVISORY BOARD.

39-8010. APPEAL TO BUILDING CODE ADVISORY BOARD. (1) The Idaho building code advisory board shall, within ten (10) days after receipt of notice for an appeal, hear such appeal brought before it by a school district affected by any finding pursuant to this chapter that there exists in a school building a violation of the uniform school building safety code, provided however, that an appeal brought pursuant to this section shall not affect the ability of the administrator to obtain an injunction pursuant to section 39-8009, Idaho Code. Such hearing shall be governed by the provisions of chapter 52, title 67, Idaho Code. Final decisions of the board, other than code interpretations, are subject to judicial review in accordance with the provisions of chapter 52, title 67, Idaho Code. (2) The board shall provide reasonable interpretations of the codes enumerated in this chapter. (3) Within ten (10) days of the conclusion of the hearing, the board shall render its findings and decisions in writing to the state superintendent of public instruction, the administrator of the division of building safety and the appealing district.  History: [39-8010, added 2000, ch. 352, sec. 1, p. 1185; am. 2010, ch. 166, sec. 4, p. 343.]