reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8614 - ADOPTION OF CODES.

39-8614. ADOPTION OF CODES. (1) The following codes, including those updates, addenda and amendments thereto hereafter adopted by the division as set forth in the duly promulgated administrative rules, are hereby adopted for all conveyances subject to this chapter as may be applicable:
(a) ANSI/ASME, A17.1 Safety Code for Elevators and Escalators.
(b) ANSI/ASME, A17.3 Safety Code for Existing Elevators and Escalators.
(c) ANSI/ASME, A17.4 Guide for Emergency Personnel.
(d) ANSI/ASME, A17.5 Elevator and Escalator Electrical Equipment.
(e) ANSI/ASME, A17.6 Standard for Elevator Suspension, Compensation, and Governor Systems.
(f) ANSI/ASME, A17.7 Performance-Based Safety Code for Elevators and Escalators.
(g) ANSI/ASME, A17.8 Standard for Wind Turbine Tower Elevators.
(h) ICC/ANSI, A117.1 Accessible and Usable Buildings and Facilities.
(i) ANSI/ASME, A18.1 Safety Standard for Platform Lifts and Chairlifts.
(j) ASME, QEI-1 Standard for the Qualification of Elevator Inspectors.
(2) Conveyances placed into operation after July 1, 2004, shall comply with those codes in effect on the date the division received the application for the permit or certificate for the conveyance.
(3) Conveyances placed into operation prior to July 1, 2004, shall be required to comply only with the Safety Code for Existing Elevators and Escalators.
History:
[39-8614, added 2004, ch. 359, sec. 1, p. 1071; am. 2007, ch. 137, sec. 2, p. 397; am. 2020, ch. 99, sec. 2, p. 259.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8615 - INSPECTIONS AND TESTS.

39-8615. INSPECTIONS AND TESTS. Conveyances shall have an inspection performed in accordance with ANSI/ASME standards set forth in section 39-8614, Idaho Code. The following types of inspections are required:
(1) Acceptance. The initial inspection and tests of new or altered equipment by a QEI to check for compliance with the applicable code requirements.
(2) Periodic. Periodic inspection and tests plus additional detailed examination and operation of equipment at specified intervals performed by a QEI to check for compliance with the applicable code requirements. Periodic inspections are required at least every five (5) years.
(3) Routine. Annual examinations performed in compliance with applicable codes to verify compliance with requirements.
History:
[39-8615, added 2004, ch. 359, sec. 1, p. 1072.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8616 - FEES.

39-8616. FEES. The division shall have authority to charge certain fees in accordance with the fee schedule established by the division, which schedule shall not exceed the amounts set forth as follows and which amounts may be reduced by the division as set forth in duly promulgated administrative rules:
(1) Installation, alteration, modernization or relocation fee schedule. Fees include one (1) plan review and certificate to operate, and two (2) acceptance inspections (each inspection thereafter will incur a reinspection fee):
(a) Certification fee:
(i) Traction and roped hydraulic elevator
(ii) Moving walk/escalator
(iii) Hydraulic elevator
(iv) Platform lift/material lift/dumbwaiter
(b) Reinspection fee:
(i) Traction and roped hydraulic elevator
(ii) Moving walk/escalator
(iii) Hydraulic elevator
(iv) Platform lift/material lift/dumbwaiter
(2) Annual certificate to operate fee schedule. Fees include annual certificate to operate and periodic inspection (every five (5) years), and one (1) reinspection as may be necessary (each inspection thereafter will incur a reinspection fee):
(a) Certification fee:
(i) Traction and roped hydraulic elevator
(ii) Moving walk/escalator
(iii) Hydraulic elevator
(iv) Platform lift/material lift/dumbwaiter
(b) Reinspection fee:
(i) Traction and roped hydraulic elevator
(ii) Moving walk/escalator
(iii) Hydraulic elevator
(iv) Platform lift/material lift/dumbwaiter
(3) Temporary certificate to operate fee schedule (same as annual) and one (1) reinspection fee as may be necessary (each inspection thereafter will incur a reinspection fee):
(a) Temporary certification fee:
(i) Traction and roped hydraulic elevator
(ii) Moving walk/escalator
(iii) Hydraulic elevator
(iv) Platform lift/material lift/dumbwaiter
(b) Reinspection fee:
(i) Traction and roped hydraulic elevator
(ii) Moving walk/escalator
(iii) Hydraulic elevator
(iv) Platform lift/material lift/dumbwaiter
(4) Application for initial certification (nonrefundable):
All conveyances
History:
[39-8616, added 2004, ch. 359, sec. 1, p. 1072; am. 2007, ch. 137, sec. 3, p. 398.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8617 - ANNUAL RENEWAL.

39-8617. ANNUAL RENEWAL. Certificates to operate shall be renewed annually by making application to the division on such forms as the division may prescribe. Successful application shall require payment of the annual renewal fee and submission of a satisfactory routine inspection form, provided however, that on each five (5) year anniversary of issuance of the certificate, successful application shall require payment of the annual renewal fee and submission of a satisfactory periodic inspection form.
History:
[39-8617, added 2004, ch. 359, sec. 1, p. 1073.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8618 - INSPECTION REPORTS AND COMPLIANCE AGREEMENTS.

39-8618. INSPECTION REPORTS AND COMPLIANCE AGREEMENTS. (1) Within fifteen (15) days of completion of the inspection, all inspection reports shall be filed with the division and a copy shall be sent to the owner for corrective actions as required.
(2) Within thirty (30) days of the delivery of an inspection report to the owner and the division, the owner and the division shall enter into a compliance agreement whereby the owner and the division shall agree upon a schedule for corrective actions identified in the inspection report. The division shall issue a temporary certificate to operate if the corrective actions are not related to life safety issues. The owner and the division shall thereafter act in good faith to comply with the provisions of the compliance agreement.
(3) Where there are practical difficulties involved in complying with this chapter or any provision of any applicable code, as part of a compliance agreement, the owner and the division may identify alternative means of compliance so long as such alternative means do not lessen health, fire and life safety requirements and are otherwise consistent with the intent and purpose of applicable codes.
(4) An owner’s failure to complete the corrective actions set forth in the compliance agreement shall constitute grounds for the imposition of civil penalties and such further action as the division may deem appropriate if the owner:
(a) Fails to initiate corrective action; and
(b) Fails to provide evidence of compliance within thirty (30) days of the owner’s receipt of written notice from the division of a failure to comply.
(5) An owner shall not be deemed to be in violation of this chapter:
(a) If the owner and the division are in the process of entering into a compliance agreement; or
(b) If the owner is undertaking corrective action as set forth in the compliance agreement; or
(c) If upon the expiration of thirty (30) days from receipt of written notice from the division specifying the particulars in which the owner has failed to perform its obligations under a compliance agreement, the owner fails, prior to expiration of said thirty (30) day period, to rectify the particulars specified in such notice; or
(d) If an owner’s failure to perform under this chapter cannot be reasonably rectified within thirty (30) days from receipt of written notice from the division, but the owner, having received the notice, has commenced actions necessary to cure the failure and is diligently pursuing the cure of the failure.
History:
[39-8618, added 2004, ch. 359, sec. 1, p. 1073; am. 2007, ch. 137, sec. 4, p. 399.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8619 - VIOLATIONS — MISDEMEANORS.

39-8619. VIOLATIONS — MISDEMEANORS. (1) Any person who willfully violates any provision of this chapter or the duly promulgated rules hereunder is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than six (6) months or by both such fine and imprisonment.
(2) A separate violation is deemed to have occurred with respect to each conveyance not in compliance with this chapter. Each day such violation continues constitutes a separate offense.
History:
[39-8619, added 2004, ch. 359, sec. 1, p. 1073.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8620 - CIVIL PENALTY FOR VIOLATION OF CHAPTER — NOTICE.

39-8620. CIVIL PENALTY FOR VIOLATION OF CHAPTER — NOTICE. (1) The administrator may assess a penalty against a person violating a provision of this chapter. The penalty shall be not more than five hundred dollars ($500) per violation. Each day that the violation continues is a separate violation and is subject to a separate penalty.
(2) The administrator shall notify the violator of his action and the reasons for his action in writing. The administrator shall send the notice by certified mail to the violator’s last known address. The notice shall inform the violator that a hearing may be requested under the provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. A request for a hearing shall not stay the effect of the penalty.
History:
[39-8620, added 2004, ch. 359, sec. 1, p. 1073.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8621 - NO LIMITATION OR ASSUMPTION OF LIABILITY.

39-8621. NO LIMITATION OR ASSUMPTION OF LIABILITY. This chapter shall not be construed to relieve or lessen the responsibility of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing or repairing any conveyance covered by this chapter for damages to any person or property caused by any defect therein, nor does the state assume any such liability or responsibility for any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising hereunder.
History:
[39-8621, added 2004, ch. 359, sec. 1, p. 1074.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8622 - ACCIDENTS — REPORT AND INVESTIGATION — CESSATION OF USE — REMOVAL OF DAMAGED PARTS.

39-8622. ACCIDENTS — REPORT AND INVESTIGATION — CESSATION OF USE — REMOVAL OF DAMAGED PARTS. The owner shall promptly notify the division of each accident to a person requiring the service of a physician or resulting in a disability exceeding one (1) day and shall afford the division every facility for investigating and inspecting the accident. After being so notified, the division shall without delay make an inspection and shall place on file a full and complete report of the accident. The report shall detail all material facts and information gathered as a part of the investigation and shall include the potential cause or causes of the accident, as may be ascertained by the division. The report shall be open to public inspection at all reasonable hours. When an accident involves the failure or destruction of any part of the construction or the operating mechanism of a conveyance, the use of the conveyance is forbidden until it has been made safe, it has been reinspected, any repairs, changes or alterations have been approved by the division, and a permit has been issued by the division. The removal of any part of the damaged construction or operating mechanism from the premises is forbidden until the division grants permission to do so.
History:
[39-8622, added 2004, ch. 359, sec. 1, p. 1074.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 86 - IDAHO ELEVATOR SAFETY CODE ACT › Section 39-8623 - IDAHO ELEVATOR SAFETY FUND ESTABLISHED.

39-8623. IDAHO ELEVATOR SAFETY FUND ESTABLISHED. All moneys received by the administrator under the provisions of this chapter shall be paid into the state treasury as directed by section 59-1014, Idaho Code, and shall be placed by the state treasurer to the credit of a dedicated fund to be known as the "Idaho Elevator Safety Fund" which is hereby established. All such moneys hereafter placed in the fund are hereby set aside and appropriated to the division of occupational and professional licenses to carry into effect the provisions of this chapter.
History:
[39-8623, added 2006, ch. 81, sec. 1, p. 243; am. 2023, ch. 15, sec. 22, p. 88.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 87 - IDAHO COMMONSENSE CONSUMPTION ACT › Section 39-8701 - SHORT TITLE.

39-8701. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Commonsense Consumption Act."
History:
[39-8701, added 2004, ch. 380, sec. 1, p. 1141.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 87 - IDAHO COMMONSENSE CONSUMPTION ACT › Section 39-8702 - PREVENTION OF FRIVOLOUS LAWSUITS.

39-8702. PREVENTION OF FRIVOLOUS LAWSUITS. Except as provided in section 39-8703, Idaho Code, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food, as defined in section 39-8704, Idaho Code, or an association of one (1) or more of such entities, shall not be subject to civil liability arising under any Idaho law for any claim, as defined in section 39-8704, Idaho Code, arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption of food.
History:
[39-8702, added 2004, ch. 380, sec. 1, p. 1141.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 87 - IDAHO COMMONSENSE CONSUMPTION ACT › Section 39-8703 - EXEMPTION.

39-8703. EXEMPTION. Notwithstanding section 39-8702, Idaho Code, civil liability shall not be precluded where the claim of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on:
(1) A material violation of an adulteration or misbranding provision set forth by statute, rule or regulation in Idaho or the United States provided the claimed injury was proximately caused by such violation; or
(2) Any other material violation of federal or state law applicable to manufacturing, marketing, distribution, advertising, labeling or the sale of food, provided such violation is knowing and willful, as defined in section 39-8704, Idaho Code, and provided further that the claimed injury was proximately caused by such violation.
History:
[39-8703, added 2004, ch. 380, sec. 1, p. 1141.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 87 - IDAHO COMMONSENSE CONSUMPTION ACT › Section 39-8704 - DEFINITIONS.

39-8704. DEFINITIONS. As used in this chapter:
(1) "Claim" means any claim by or on behalf of a natural person as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.
(2) "Food" means:
(a) Articles used for food or drink for persons or other animals;
(b) Chewing gum; and
(c) Articles used for components of any other such article.
(3) "Generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption" means an obesity-related condition generally known to result or to likely result from the cumulative effect of consumption and not from a single instance of consumption.
(4) "Knowing and willful violation" means:
(a) The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and
(b) The conduct constituting the violation was not required by any law, regulation, order or rule of the United States, the state of Idaho, or any political subdivision thereof.
(5) "Person" means any individual, partnership, corporation, firm, association, governmental subdivision or agency, public or private organization or other legal entity.
History:
[39-8704, added 2004, ch. 380, sec. 1, p. 1141.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 87 - IDAHO COMMONSENSE CONSUMPTION ACT › Section 39-8705 - PLEADING REQUIREMENTS.

39-8705. PLEADING REQUIREMENTS. (1) In any action exempted pursuant to section 39-8703(1), Idaho Code, the complaint initiating such action shall state with particularity the following:
(a) The statute, rule, regulation or other law of Idaho or the United States that was allegedly violated;
(b) The facts that are alleged to constitute a material violation of such law; and
(c) The facts that are alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.
(2) In any action exempted pursuant to section 39-8703(2), Idaho Code, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was done with the intent to deceive or injure consumers or with actual knowledge that such violation was injurious to consumers.
History:
[39-8705, added 2004, ch. 380, sec. 1, p. 1142.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 87 - IDAHO COMMONSENSE CONSUMPTION ACT › Section 39-8706 - STAY PENDING MOTION TO DISMISS.

39-8706. STAY PENDING MOTION TO DISMISS. In any action exempted pursuant to section 39-8703, Idaho Code, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party.
History:
[39-8706, added 2004, ch. 380, sec. 1, p. 1142.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8801 - SHORT TITLE.

39-8801. SHORT TITLE. This act may be known and cited as the "Idaho Underground Storage Tank Act."
History:
[39-8801, added 2007, ch. 29, sec. 1, p. 57.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8802 - LEGISLATIVE FINDINGS AND INTENT.

39-8802. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds:
(a) That the protection of the environment from leaking underground storage tanks is a matter of statewide concern;
(b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991, et seq. (2000)), as amended by the underground storage tank compliance act, public law 109-58, title XV, August 8, 2005, and regulations adopted pursuant thereto, establish federal law regulating underground storage tanks; and
(c) That 42 U.S.C. 6991c(a) and 40 CFR part 281 allow the administrator of the United States environmental protection agency to approve a state program.
(2) Therefore, it is the intent of the legislature:
(a) To establish a state underground storage tank program to comply with the requirements of the underground storage tank compliance act, public law 109-58, title XV, August 8, 2005, and the regulations adopted pursuant thereto, and 40 CFR part 280, so that the Idaho department of environmental quality may promulgate rules, through negotiated rulemaking, to implement a state underground storage tank program as provided in section 39-8805, Idaho Code;
(b) That such program not constitute a new corrective action program;
(c) That such program qualify the state for federal funding from the federal leaking underground storage tank trust fund;
(d) That such program may be funded as provided in section 39-119, Idaho Code, not to exceed one hundred dollars ($100) per tank per year. These funds shall only be used for the underground storage tank program;
(e) A fee balance greater than thirty-five thousand dollars ($35,000) as of December 31 of each year, excluding any early payments for the fees due January 2 of the following year, shall be used to reduce the following year’s fee; and
(f) Prior to February 1 of each year, the director shall report to the governor and the legislature on the use of fees collected the previous year. At a minimum, the report shall include:
(i) A list of all tanks subject to inspection;
(ii) The type of inspection and regulatory authority or guidance used; and
(iii) A detailed accounting of how fee funds were spent.
History:
[39-8802, added 2007, ch. 29, sec. 1, p. 57; am. 2016, ch. 52, sec. 1, p. 148.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8803 - DEFINITIONS.

39-8803. DEFINITIONS. As used in this chapter:
(1) "Board" means the Idaho board of environmental quality.
(2) "Board of trustees" means the board of trustees established in section 41-4904, Idaho Code.
(3) "Department" means the Idaho department of environmental quality.
(4) "Director" means the director of the Idaho department of environmental quality.
(5) "Underground storage tank system" means underground storage tank as defined by 42 U.S.C. 6991(10).
History:
[39-8803, added 2007, ch. 29, sec. 1, p. 58.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8804 - PROGRAM SCOPE.

39-8804. PROGRAM SCOPE. The requirements of this chapter and rules promulgated pursuant to this chapter, shall apply to underground storage tank systems in the state of Idaho, owners and operators of underground storage tank systems in the state of Idaho, persons who install or inspect installations of underground storage tank systems in the state of Idaho, persons who manufacture any regulated component of an underground storage tank system installed in the state of Idaho, and persons who deliver fuel to a regulated underground storage tank system in the state of Idaho.
History:
[39-8804, added 2007, ch. 29, sec. 1, p. 58.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8805 - RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS.

39-8805. RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS. (1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as are necessary to regulate underground storage tank systems within the state. This includes, but is not limited to, rules addressing:
(a) Inspection and certification of underground storage tanks;
(b) Operator training;
(c) Release prevention, compliance and enforcement;
(d) Delivery prohibitions; and
(e) Additional measures to protect ground water.
(2) The board of trustees shall participate in any such negotiated rulemaking through designated representatives.
(3) The rules, promulgated and adopted pursuant to this chapter, and guidance or policy provisions developed in regard to rules promulgated and adopted pursuant to this chapter, shall not be broader in scope, more stringent than, or propose to regulate an activity not regulated by federal law or regulations governing underground storage tanks except as provided by section 39-107D, Idaho Code.
(4) To the degree that any rule promulgated and adopted pursuant to this chapter, or guidance or policy developed in regard to any rule promulgated and adopted pursuant to this chapter, is based upon science, the department shall use:
(a) The best available peer reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and
(b) Data collected by accepted methods or best available methods if the reliability of the method and the nature of the decision justifies use of the data.
History:
[39-8805, added 2007, ch. 29, sec. 1, p. 58.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8805A - COMPLIANCE DATE FOR CERTAIN RULES.

39-8805A. COMPLIANCE DATE FOR CERTAIN RULES. (1) Compliance with the additional testing and inspection requirements set forth in 40 CFR 280.10 concerning emergency power generators, 40 CFR 280.35 concerning spill prevention equipment and containment sumps used for interstitial monitoring of piping and overfill prevention equipment, and 40 CFR 280.40 concerning release detection, as adopted by Idaho and incorporated by reference in IDAPA 58.01.07.004, shall be required only on and after October 13, 2021, notwithstanding any prior date set forth in said regulations or rule.
(2) The provisions of subsection (1) of this section shall be retroactive to the effective date of IDAPA 58.01.07.004, to wit March 24, 2017.
History:
[39-8805A, added 2019, ch. 34, sec. 1, p. 96.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8806 - ADDITIONAL MEASURES TO PROTECT GROUND WATER.

39-8806. ADDITIONAL MEASURES TO PROTECT GROUND WATER. New and replacement underground storage tank systems and connected piping installed after the effective date of this chapter and located within one thousand (1,000) feet of any existing community water system or any existing potable drinking water well, shall comply with the secondary containment requirements of 42 U.S.C. 6991b(i)(1).
History:
[39-8806, added 2007, ch. 29, sec. 1, p. 59.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8807 - OPERATOR TRAINING.

39-8807. OPERATOR TRAINING. (1) The department shall adopt an operator training program to be conducted by either the department or a state of Idaho approved third party to help underground storage tank system owners and operators and their employees understand and comply with the requirements of this chapter and rules promulgated pursuant to this chapter. The training shall be consistent with 42 U.S.C. 6991i(a).
(2) Training conducted by the department shall be offered on location to owners, operators and employees of underground storage tank systems regulated under this chapter. The training shall be specific to the equipment on location.
History:
[39-8807, added 2007, ch. 29, sec. 1, p. 59; am. 2016, ch. 52, sec. 2, p. 149.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8808 - INSPECTIONS.

39-8808. INSPECTIONS. (1) Underground storage tank systems regulated under this chapter which have not been inspected by the department or the United States environmental protection agency since December 22, 1998, shall be inspected by the department in compliance with this chapter.
(2) After completion of all inspections required under subsection (1) of this section, the department or a third party inspector certified by an approved state or national program, shall conduct on-site inspections of underground storage tank systems regulated under this chapter at least once every three (3) years to determine compliance with this chapter.
(3) If the department conducts the inspection, it shall not charge an additional fee for the inspection.
History:
[39-8808, added 2007, ch. 29, sec. 1, p. 59; am. 2016, ch. 52, sec. 3, p. 149.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8809 - DELIVERY PROHIBITION.

39-8809. DELIVERY PROHIBITION. (1) Effective August 8, 2007, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank regulated under this chapter at a facility which has been identified by the department to be ineligible for such delivery, deposit, or acceptance.
(2) The department shall promulgate through negotiated rulemaking, and the board shall adopt, rules governing delivery prohibition as provided in section 39-8805, Idaho Code.
History:
[39-8809, added 2007, ch. 29, sec. 1, p. 59.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8810 - UNDERGROUND STORAGE TANK DATABASE.

39-8810. UNDERGROUND STORAGE TANK DATABASE. The department shall develop and use a database, which shall be available to the public on the internet, detailing the status of all underground storage tanks in the state of Idaho which are subject to regulation, including whether they are subject to delivery prohibition. The department shall develop the database within one (1) year of the effective date of this chapter. Such database shall be accurate, updated no less than quarterly, and subject to public review and correction by petition to the department.
History:
[39-8810, added 2007, ch. 29, sec. 1, p. 60.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8811 - ENFORCEMENT.

39-8811. ENFORCEMENT. Failure to comply with this chapter or rules promulgated pursuant to this chapter shall be subject to enforcement pursuant to the enforcement provisions of the Idaho environmental protection and health act contained in section 39-108, Idaho Code, provided however, that any monetary penalties for violations of the provisions of this chapter, or rules promulgated pursuant to this chapter, shall be assessed against the violator, or the violator shall be sued to recover in court, as follows:
(1) Anyone subject to the provisions of this chapter as provided in section 39-8804, Idaho Code, or rules promulgated pursuant to this chapter, who has been determined in a civil enforcement action to have failed to comply with tank notification requirements, or to have submitted false information pursuant to tank notification requirements, as provided in this chapter, any rule promulgated pursuant to this chapter or any order entered related to such violation, shall be liable for penalties of up to five thousand dollars ($5,000) per violation.
(2) Anyone subject to the provisions of this chapter as provided in section 39-8804, Idaho Code, or rules promulgated pursuant to this chapter, who has been determined in a civil enforcement action to have failed to comply with any provisions of this chapter, any rule promulgated pursuant to this chapter or any order entered related to such violation, for existing or new tank systems, shall be liable for penalties of up to five thousand dollars ($5,000) for each tank for each day of violation. If the violation is continuous, the violator shall be liable for penalties of up to five thousand dollars ($5,000) for each day of violation.
History:
[39-8811, added 2007, ch. 29, sec. 1, p. 60; am. 2011, ch. 41, sec. 1, p. 96.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8812 - SEVERABILITY.

39-8812. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
History:
[39-8812, added 2007, ch. 29, sec. 1, p. 60.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 88 - IDAHO UNDERGROUND STORAGE TANK ACT › Section 39-8813 - IDAHO UNDERGROUND STORAGE TANK PROGRAM FUND.

39-8813. IDAHO UNDERGROUND STORAGE TANK PROGRAM FUND. (1) All moneys received from fees collected from all regulated underground storage tanks shall be forwarded to the department and shall be paid into the Idaho underground storage tank program fund, which is hereby created in the office of the state treasurer.
(2) Such moneys and all interest earned thereon shall be kept in the Idaho underground storage tank program fund and shall be expended for compliance, training, technical, legal and administrative support necessary for implementing the program required under the Idaho underground storage tank act as provided in this chapter.
(3) Costs and expenses incurred by the department in performing the duties, and the exercise of its powers in carrying out the underground storage tank program, shall be paid out of the fund.
(4) Idle moneys in the Idaho underground storage tank program fund established in this section shall be invested by the state treasurer as provided in section 67-1210, Idaho Code. Interest earned on all such investments shall be paid into the fund. Moneys in the fund may be expended pursuant to appropriation.
History:
[39-8813, added 2017, ch. 40, sec. 1, p. 62.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8901 - SHORT TITLE.

39-8901. SHORT TITLE. This act may be known and cited as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act."
History:
[39-8901, added 2008, ch. 278, sec. 1, p. 792.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8902 - DEFINITIONS.

39-8902. DEFINITIONS. As used in this chapter:
(1) "Agent" means any person authorized by the state tax commission to purchase and affix stamps on packages of cigarettes.
(2) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material, other than tobacco.
(3) "Manufacturer" means:
(a) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or
(b) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(c) Any entity that becomes a successor of an entity described in paragraph (a) or (b) of this subsection.
(4) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. The program ensures that the testing repeatability remains within the required repeatability values stated in section 39-8903(1)(f), Idaho Code, for all test trials used to certify cigarettes in accordance with this chapter.
(5) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time.
(6) "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(7) "Sale" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.
(8) "Wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one (1) or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.
History:
[39-8902, added 2008, ch. 278, sec. 1, p. 792.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8904 - CERTIFICATION AND PRODUCT CHANGE.

39-8904. CERTIFICATION AND PRODUCT CHANGE. (1) Each manufacturer shall submit to the state fire marshal a written certification attesting that:
(a) Each cigarette listed in the certification has been tested in accordance with section 39-8903, Idaho Code; and
(b) Each cigarette listed in the certification meets the performance standard set forth in section 39-8903, Idaho Code.
(2) Each cigarette listed in the certification shall be described with the following information:
(a) Brand, or trade name on the package;
(b) Style, such as light or ultra light;
(c) Length in millimeters;
(d) Circumference in millimeters;
(e) Flavor, such as menthol or chocolate, if applicable;
(f) Filter or nonfilter;
(g) Package description, such as soft pack or box;
(h) Marking pursuant to section 39-8905, Idaho Code;
(i) The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
(j) The date that the testing occurred.
(3) The certifications shall be made available to the attorney general for purposes consistent with this chapter and the state tax commission for purposes of ensuring compliance with this section.
(4) Each cigarette certified under this section shall be recertified every three (3) years.
(5) For each brand family listed in a certification, a manufacturer shall pay to the state fire marshal a one thousand dollar ($1000) fee. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three (3) year certification period.
(6) All moneys collected as certification fees submitted by manufacturers shall be deposited in the state treasury to the credit of a special account in the state operating fund hereby created to be known as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Fund." The fund shall, in addition to any other moneys made available for that purpose, be available to the state fire marshal solely to support processing, testing, enforcement and oversight activities under this chapter.
(7) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required in this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in section 39-8903, Idaho Code, and maintains records of that retesting as required by section 39-8903, Idaho Code. Any altered cigarette which does not meet the performance standard set forth in section 39-8903, Idaho Code, may not be sold in this state.
History:
[39-8904, added 2008, ch. 278, sec. 1, p. 795.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8905 - MARKING OF CIGARETTE PACKAGING.

39-8905. MARKING OF CIGARETTE PACKAGING. (1) Cigarettes that are certified by a manufacturer in accordance with section 39-8904, Idaho Code, shall be marked to indicate compliance with the requirements of section 39-8903, Idaho Code. The marking shall be in eight (8) point type or larger and consist of:
(a) Modification of the product UPC code to include a visible mark printed at or around the area of the UPC code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed or printed in conjunction with the UPC; or
(b) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the cigarette package or cellophane wrap; or
(c) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this chapter.
(2) A manufacturer shall use only one (1) marking, and shall apply this marking uniformly for all packages including, but not limited to, packs, cartons and cases, and brands marketed by that manufacturer.
(3) The state fire marshal shall be notified as to the marking that is selected.
(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve:
(a) Any marking in use and approved for sale in another state; or
(b) The letters "FSC," which signify fire standards compliant, appearing in eight (8) point type or larger and permanently printed, stamped, engraved or embossed on the package at or near the UPC code.
Proposed markings shall be deemed approved if the state fire marshal fails to act within ten (10) business days of receiving a request for approval.
(5) No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.
(6) Manufacturers certifying cigarettes in accordance with section 39-8904, Idaho Code, shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the state fire marshal, the state tax commission, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
History:
[39-8905, added 2008, ch. 278, sec. 1, p. 796.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8907 - IMPLEMENTATION.

39-8907. IMPLEMENTATION. (1) The state fire marshal may promulgate rules pursuant to the provisions of chapter 52, title 67, Idaho Code, the administrative procedure act, necessary to effectuate the purposes of this chapter.
(2) The state tax commission in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, as authorized under chapter 25, title 63, Idaho Code, may inspect the cigarettes to determine if the cigarettes are marked as required in section 39-8905, Idaho Code. If the cigarettes are not marked as required, the state tax commission shall notify the state fire marshal.
History:
[39-8907, added 2008, ch. 278, sec. 1, p. 798.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8908 - INSPECTION.

39-8908. INSPECTION. To enforce the provisions of this chapter, the attorney general, the state tax commission and the state fire marshal, their duly authorized representatives and other law enforcement personnel are hereby authorized to examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the attorney general, the state tax commission and the state fire marshal, their duly authorized representatives and other law enforcement personnel the means, facilities and opportunity for the examinations authorized in this section.
History:
[39-8908, added 2008, ch. 278, sec. 1, p. 798.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8909 - REDUCED CIGARETTE IGNITION PROPENSITY AND FIREFIGHTER PROTECTION ACT FUND.

39-8909. REDUCED CIGARETTE IGNITION PROPENSITY AND FIREFIGHTER PROTECTION ACT FUND. All moneys collected as civil penalties under section 39-8906, Idaho Code, shall be deposited in the state treasury to the credit of a special account in the state operating fund hereby created to be known as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act Fund." The moneys shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for that purpose, be made available to the state fire marshal to support fire safety and prevention programs.
History:
[39-8909, added 2008, ch. 278, sec. 1, p. 798.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8910 - SALE OUTSIDE OF IDAHO.

39-8910. SALE OUTSIDE OF IDAHO. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 39-8903, Idaho Code, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.
History:
[39-8910, added 2008, ch. 278, sec. 1, p. 798.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 89 - REDUCED CIGARETTE IGNITION PROPENSITY › Section 39-8911 - PREEMPTION.

39-8911. PREEMPTION. This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.
History:
[39-8911, added 2008, ch. 278, sec. 1, p. 798.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 90 - IDAHO HEALTH FREEDOM ACT › Section 39-9001 - SHORT TITLE.

39-9001. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Health Freedom Act."
History:
[39-9001, added 2010, ch. 46, sec. 1, p. 84.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 90 - IDAHO HEALTH FREEDOM ACT › Section 39-9002 - DEFINITIONS.

39-9002. DEFINITIONS. (1) "Health care services" shall mean any service, treatment, or provision of product for the care of physical or mental disease, illness, injury, defect or condition, or to otherwise maintain or improve physical or mental health, subject to all laws and rules regulating health service providers and products within the state of Idaho.
(2) "Mode of securing" shall mean to purchase directly or on credit or by trade, or to contract for third-party payment by insurance or other legal means authorized by the state of Idaho, or to apply for or accept employer or government sponsored health care benefits under such conditions as may legally be required as a condition of such benefits, or any combination of the same.
(3) "Penalty" shall mean any civil or criminal fine, tax, salary or wage withholding, surcharge, fee or any other imposed consequence, established by law or rule of the federal government of the United States of America or its subdivision or agency, that is used to punish or discourage the exercise of rights protected under this chapter.
History:
[39-9002, added 2010, ch. 46, sec. 1, p. 84.]