reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 40 - MANUFACTURED HOMES — STANDARDS › Section 39-4002 - COMPLIANCE WITH LAW REQUIRED.

39-4002. COMPLIANCE WITH LAW REQUIRED. It is unlawful for any person, firm, partnership, association or corporation to sell or offer for sale within this state any manufactured home that is not manufactured in compliance with this chapter after March 8, 1971.
History:
[39-4002, added 1971, ch. 70, sec. 3, p. 157; am. 1988, ch. 264, sec. 3, p. 525; am. 1995, ch. 267, sec. 2, p. 857; am. 2006, ch. 79, sec. 3, p. 238.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 40 - MANUFACTURED HOMES — STANDARDS › Section 39-4003 - ADMINISTRATOR — DUTIES.

39-4003. ADMINISTRATOR — DUTIES. The administrator shall by rule define the term "manufactured home" to be consistent with 24 CFR 3280 (housing and urban development manufactured home construction and safety standards) and may seek assistance from the factory built structures advisory board in the enforcement and administration of those standards.
History:
[39-4003, added 1971, ch. 70, sec. 4, p. 157; am. 1972, ch. 168, sec. 1, p. 417; am. 1974, ch. 39, sec. 51, p. 1023; am. 1988, ch. 264, sec. 4, p. 526; am. 1995, ch. 267, sec. 3, p. 857; am. 2006, ch. 79, sec. 4, p. 238; am. 2016, ch. 342, sec. 2, p. 968.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 40 - MANUFACTURED HOMES — STANDARDS › Section 39-4003A - RIGHT OF ENTRY.

39-4003A. RIGHT OF ENTRY. In order to carry out the purposes of this chapter, the administrator or his authorized representative shall, during regular working hours and at other reasonable times, have the right of entry to conduct the inspections required by this chapter; the right of entry to make inspections to carry out the duties and responsibilities as an in-plant inspection agency (IPIA) by the authority granted by the U.S. department of housing and urban development pursuant to 24 CFR 3282.352 and 362; and the right of entry to make inspections to carry out the duties and responsibilities as a state administrative agency (SAA) by the authority granted by the U.S. department of housing and urban development pursuant to 24 CFR 3282.305.
History:
[39-4003A, added 1978, ch. 118, sec. 1, p. 269; am. 1980, ch. 108, sec. 1, p. 245; am. 2006, ch. 79, sec. 5, p. 238.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 40 - MANUFACTURED HOMES — STANDARDS › Section 39-4004 - INSPECTION AND ENFORCEMENT FEES — SCHEDULE AUTHORIZED.

39-4004. INSPECTION AND ENFORCEMENT FEES — SCHEDULE AUTHORIZED. (1) The administrator is authorized to establish a schedule of fees to pay the cost of inspection and enforcement of this chapter without recourse to tax subsidies. Such fee schedule shall be consistent with the actual cost of maintaining the program.
(2) The administrator shall be authorized to participate in the fee distribution system of the U.S. department of housing and urban development set out in 24 CFR 3282. The administrator shall establish a monitoring inspection fee in an amount established by the secretary of the U.S. department of housing and urban development. This monitoring inspection fee shall be an amount paid by each manufactured home manufacturer in the state for each manufactured home produced by the manufacturer in the state. This fee shall be in addition to any in-plant inspection agency (IPIA) fees assessed by the administrator, which shall be consistent with the actual cost of providing such inspections.
(3) The monitoring inspection fee shall be paid by the manufacturer to the secretary of the U.S. department of housing and urban development who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally-approved states based on the number of new manufactured homes whose first location after leaving the manufacturing plant is on the premises of a distributor, dealer, or purchaser in that state.
History:
[39-4004, added 1971, ch. 70, sec. 5, p. 157; am. 1974, ch. 39, sec. 52, p. 1023; am. 1980, ch. 108, sec. 2, p. 246; am. 1988, ch. 264, sec. 5, p. 526; am. 2006, ch. 79, sec. 6, p. 239.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 40 - MANUFACTURED HOMES — STANDARDS › Section 39-4010 - WARRANTY BY MANUFACTURERS.

39-4010. WARRANTY BY MANUFACTURERS. Any person, firm, partnership, association or corporation constructing, in whole or in part, a manufactured home in this state, or constructing outside of this state but selling at retail in this state, shall issue a warranty in writing to the buyer containing the following terms:
(1) That the manufactured home is free from any substantial defects in materials or workmanship in the structure, plumbing, heating and electrical systems and all appliances and other equipment installed or included therein or thereon by the manufacturer.
(2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident within one (1) year from the date of delivery of the manufactured home to the buyer, provided the buyer gives written notice of such defects to the manufacturer or dealer at their business address not later than one (1) year and ten (10) days after date of delivery.
The warranty provided herein shall be in addition to and not in derogation of any other right or privilege which the buyer may have as otherwise provided by law or instrument. The manufacturer shall not require the buyer to waive his rights under this section and any waiver shall be deemed contrary to public policy and shall be void and unenforceable. Any action instituted by a buyer for failure of the manufacturer to comply with the provisions of this act shall be considered as an action within the provisions of section 12-120, Idaho Code, providing for recovery of attorney fees.
History:
[I.C., sec. 39-4010, as added by S.L. 1972, ch. 173, sec. 1, p. 433; am. 1988, ch. 264, sec. 11, p. 528; am. 1995, ch. 267, sec. 8, p. 858.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4101 - LEGISLATIVE FINDING AND INTENT.

39-4101. LEGISLATIVE FINDING AND INTENT. (1) Uniformity of building codes and uniformity in procedures for enforcing building safety codes throughout the state are matters of statewide concern and interest, in that uniformity would enhance elimination of obsolete, restricting, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.
(2) It is the intent of the legislature to:
(a) Promote the health, safety and welfare of the occupants or users of buildings and structures subject to this chapter;
(b) Require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire safety, life safety and accessibility for those with disabilities;
(c) Establish, for jurisdictions enforcing building codes pursuant to this chapter, minimum standards and requirements in terms of performance, energy efficiency, effect upon construction costs and consistency with nationally accepted standards;
(d) Permit the use of modern technical methods, devices and improvements; and
(e) Clarify and establish roles of the various jurisdictions subject to this chapter.
History:
[39-4101, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 1, p. 407; am. 2000, ch. 465, sec. 1, p. 1439; am. 2002, ch. 345, sec. 3, p. 965.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4102 - SHORT TITLE.

39-4102. SHORT TITLE. This chapter shall be known as "The Idaho Building Code Act."
History:
[39-4102, added 1975, ch. 180, sec. 2, p. 486; am. 2002, ch. 345, sec. 4, p. 965.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4103 - SCOPE — EXEMPTIONS.

39-4103. SCOPE — EXEMPTIONS. (1) This chapter authorizes the state division of occupational and professional licenses and local governments to adopt and enforce building codes pursuant to the provisions of this chapter.
(2) All buildings and other facilities owned by any state government agency or entity, including those owned, constructed or financed by the Idaho state building authority, shall conform to the codes adopted in this chapter, chapter 2, title 41, Idaho Code, chapter 10, title 54, Idaho Code, chapter 26, title 54, Idaho Code, and chapter 50, title 54, Idaho Code, and shall be subject to the jurisdiction of the state division of occupational and professional licenses and the state fire marshal for purposes of all plan reviews, permitting and inspections. In performing such plan reviews, permitting and inspections, the division of occupational and professional licenses and the state fire marshal shall route building plans to affected local government agencies, and shall take into consideration local government comments and ordinances and shall promptly notify the local jurisdictions of actions taken and the reasons therefor, and transmit to the local jurisdictions copies of final building plans.
(3) All buildings and other facilities owned by anyone other than state government agencies or entities which are constructed or renovated specifically for use or occupancy by any state agency or entity shall conform to all state adopted codes and standards. Nothing in this subsection shall limit the authority of local governments to issue permits, review plans and provide a full range of building code enforcement activities for such buildings.
(4) The following are exempt from the provisions of this chapter:
(a) Equipment used primarily for industrial chemical process purposes and for mineral extraction and mineral processing purposes. This exemption shall not include the erection and fabrication of new boilers, pressure vessels and other equipment as required to condition the building for personnel comfort and safety. Equipment in this regard shall mean and shall be limited to facilities or installations for heating, ventilating, air conditioning, refrigerating equipment, elevators, dumbwaiters, escalators, and boilers and pressure vessels associated with building heating systems.
(b) Modular buildings as defined in section 39-4301, Idaho Code, that are constructed in the state of Idaho for installation on building sites outside the state; provided however, that no modular building shall be installed on a building site in the state of Idaho until it has been approved and bears the insignia of approval of the division as being in compliance with the requirements set forth in chapter 43, title 39, Idaho Code.
History:
[39-4103, added 1975, ch. 180, sec. 2, p. 486; am. 1988, ch. 264, sec. 13, p. 530; am. 2002, ch. 345, sec. 5, p. 966; am. 2003, ch. 256, sec. 1, p. 663; am. 2004, ch. 250, sec. 1, p. 716; am. 2004, ch. 272, sec. 1, p. 758; am. 2007, ch. 252, sec. 1, p. 737; am. 2023, ch. 15, sec. 8, p. 78.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4104 - ENFORCEMENT OF LAW.

39-4104. ENFORCEMENT OF LAW. The administrator of the division of occupational and professional licenses shall enforce the provisions of this chapter that apply to the state. Local governments that adopt building codes shall enforce all of the provisions of this chapter that govern application by local governments.
History:
[39-4104, added 1975, ch. 180, sec. 2, p. 486; am. 1996, ch. 421, sec. 26, p. 1423; am. 2002, ch. 345, sec. 6, p. 966; am. 2004, ch. 272, sec. 2, p. 759; am. 2023, ch. 15, sec. 9, p. 79.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4106 - IDAHO BUILDING CODE BOARD CREATED — MEMBERSHIP — APPOINTMENT — TERMS — QUORUM — COMPENSATION — MEETINGS.

39-4106. IDAHO BUILDING CODE BOARD CREATED — MEMBERSHIP — APPOINTMENT — TERMS — QUORUM — COMPENSATION — MEETINGS. (1) The Idaho building code board is established within the division of occupational and professional licenses as an appeals, code adoption, and rulemaking board, to be appointed by the governor, and shall consist of ten (10) members: one (1) member of the general public; one (1) local fire official; one (1) licensed engineer; one (1) licensed architect; two (2) local building officials, one (1) from a county and one (1) from a city; two (2) building contractors, one (1) residential contractor who is an active member of the Idaho building contractors association with construction knowledge based primarily on a work history of buildings regulated by the International Residential Code, and one (1) commercial contractor who is an active member of either the associated builders and contractors or the associated general contractors of America with construction knowledge based primarily on a work history of buildings regulated by the International Building Code; one (1) representative of the modular building industry; and one (1) individual with a disability from an organization that represents people with all types of disabilities. Board members shall be appointed for terms of four (4) years and until their successor has been appointed. Three (3) consecutive failures by a member to attend meetings of the board without reasonable cause shall constitute cause for removal of the member from the board by the governor. Whenever a vacancy occurs, the governor shall appoint a qualified person to fill the vacancy for the unexpired portion of the term.
(2) The members of the board shall, at their first regular meeting following the effective date of this chapter and every two (2) years thereafter, elect, by majority vote of the members of the board, a chairman who shall preside at meetings of the board. A majority of the currently appointed members of the board shall constitute a quorum.
(3) Each member of the board not otherwise compensated by public moneys shall be compensated as provided by section 59-509(n), Idaho Code, for each day spent in attendance at meetings of the board.
(4) The board shall meet for regular business sessions at the call of the administrator, chairman, or at the request of four (4) members of the board, provided that the board shall meet at least biannually.
History:
[39-4106, added 1975, ch. 180, sec. 2, p. 486; am. 1980, ch. 247, sec. 39, p. 611; am. 1983, ch. 153, sec. 3, p. 410; am. 1986, ch. 304, sec. 1, p. 755; am. 1988, ch. 264, sec. 14, p. 531; am. 1995, ch. 267, sec. 10, p. 861; am. 2000, ch. 465, sec. 2, p. 1440; am. 2001, ch. 151, sec. 1, p. 547; am. 2002, ch. 345, sec. 8, p. 969; am. 2009, ch. 173, sec. 1, p. 551; am. 2012, ch. 36, sec. 1, p. 107; am. 2021, ch. 222, sec. 2, p. 622.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4107 - POWERS AND DUTIES.

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.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4108 - CERTIFICATION.

39-4108. CERTIFICATION. After July 1, 2002, state and local government building inspectors, including state safety advisors, shall hold a valid certification as a building inspector or building plans examiner issued by the International Code Council (ICC), except that a building inspector with a valid ICC residential building inspector certification may only inspect structures regulated by the International Residential Code (IRC). A building inspector with a valid ICC residential building inspector certification working under the supervision of an ICC-certified building inspector or building plans examiner may inspect all occupancy classifications for a period not to exceed three (3) years. An inspector may be hired without a valid ICC residential building inspector certification but must obtain such certification within a period of up to six (6) months after hire and must be under the supervision of an ICC-certified building inspector or building plans examiner until such certification is obtained. Until such certification is obtained, no official adverse action may be undertaken without review and approval of an ICC-certified building inspector or building plans examiner.
History:
[39-4108, added 2002, ch. 345, sec. 11, p. 970; am. 2019, ch. 54, sec. 1, p. 143.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4109A - MASS TIMBER CONSTRUCTION.

39-4109A. MASS TIMBER CONSTRUCTION. By January 1, 2022, the Idaho building code board shall amend the current Idaho building code to include the provisions of the 2021 International Building Code relating to mass timber construction. This must include permitting the three (3) new mass timber construction types IV-A, IV-B, and IV-C, along with the corresponding maximum heights and fire safety features.
History:
[39-4109A, added 2021, ch. 244, sec. 1, p. 761.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4111 - PERMITS REQUIRED.

39-4111. PERMITS REQUIRED. (1) It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension or alteration of any building, residence or structure, coming under the purview of the division, in the state of Idaho without first procuring a permit from the division authorizing such work to be done.
(2) It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension or alteration of any building, residence or structure in a local government jurisdiction enforcing building codes, without first procuring a permit in accordance with the applicable ordinance or ordinances of the local government.
(3) Subject to building code requirements governing accessibility, no permit shall require that any improvement, extension or alteration of any building, residence or structure include an upgrade to comply with building code requirements in unaffected existing parts of the building, residence or structure where the existing parts complied with the applicable building code in effect when such parts were constructed. This limitation shall not apply where the division or enforcing jurisdiction identifies a specific substantial safety hazard that would be created in the existing building, residence or structure by reason of the new improvement, extension or alteration, provided that any additional permitting requirement shall be limited to correcting the specific substantial safety hazard. The burden shall be upon the division or enforcing jurisdiction to prove the existence of such specific substantial safety hazard. The permit shall identify the specific hazard and the basis for determining that it is a substantial hazard.
History:
[39-4111, added 1975, ch. 180, sec. 2, p. 486; am. 1978, ch. 160, sec. 1, p. 348; am. 1983, ch. 153, sec. 8, p. 414; am. 1988, ch. 264, sec. 16, p. 532; am. 1995, ch. 267, sec. 12, p. 863; am. 2002, ch. 345, sec. 15, p. 971; am. 2011, ch. 228, sec. 1, p. 622.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4112 - MAXIMUM PERMIT FEES TO BE ASSESSED BY THE DIVISION.

39-4112. MAXIMUM PERMIT FEES TO BE ASSESSED BY THE DIVISION. Building permit fees shall be as established by rules promulgated by the board. Until such rules are effective, building permit fees based on total value of the construction shall not exceed those given in table 3-A, Uniform Building Code, 1985.
History:
[39-4112, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 9, p. 414; am. 1990, ch. 155, sec. 1, p. 341; am. 2002, ch. 345, sec. 16, p. 972.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4115 - PERSONNEL.

39-4115. PERSONNEL. The division shall designate a nonclassified employee to serve as the executive director of the board and such other personnel as necessary to effect enforcement of the codes herein enumerated or otherwise prescribed by rules promulgated by the board pursuant to this chapter.
History:
[39-4115, added 1975, ch. 180, sec. 2, p. 486; am. 2002, ch. 345, sec. 19, p. 973; am. 2012, ch. 28, sec. 1, p. 85.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4120 - APPEALS TO BOARD — JUDICIAL REVIEW.

39-4120. APPEALS TO BOARD — JUDICIAL REVIEW. The board shall, within twenty (20) days after receipt of notice for an appeal, hear such appeals brought before it by persons affected by any code, rule, regulation or decision applicable to buildings within the jurisdiction of the division. Such proceedings 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.
History:
[39-4120, added 1975, ch. 180, sec. 2, p. 486; am. 1983, ch. 153, sec. 14, p. 416; am. 1993, ch. 216, sec. 26, p. 608; am. 2002, ch. 345, sec. 23, p. 974.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4124 - RECEIPTS AND DISBURSEMENTS — OCCUPATIONAL LICENSES FUND.

39-4124. RECEIPTS AND DISBURSEMENTS — OCCUPATIONAL LICENSES FUND. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
History:
[39-4124, added 2021, ch. 224, sec. 29, p. 670.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4125 - INJUNCTION — AFFIDAVIT SETTING OUT NONCONFORMITY.

39-4125. INJUNCTION — AFFIDAVIT SETTING OUT NONCONFORMITY. The division may obtain from a district court having jurisdiction, a temporary injunction enjoining the construction of a building(s) or installation of modular buildings on any building site upon affidavit of the division that such building does not conform to the requirements of this chapter or to the rules adopted pursuant to this chapter or any other chapter of Idaho Code relating to building construction. The affidavit must set forth such violations in detail. The injunction may be made permanent, in the discretion of the court.
History:
[39-4125, added 1975, ch. 180, sec. 2, p. 486; am. 1988, ch. 264, sec. 20, p. 534; am. 2002, ch. 345, sec. 27, p. 975.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4126 - VIOLATIONS MISDEMEANORS.

39-4126. VIOLATIONS MISDEMEANORS. (1) Any person who willfully violates any provision of this chapter or who willfully violates any provisions of the codes enumerated in this chapter or rules promulgated by the administrator or the board pursuant to this chapter, is guilty of a misdemeanor, and upon conviction, shall be fined not more than three hundred dollars ($300), or imprisoned for not more than ninety (90) days or by both fine and imprisonment. Violations of this chapter shall be tried in any court of competent jurisdiction within the state of Idaho.
(2) A separate violation is deemed to have occurred with respect to each building not in compliance with this chapter. Each day such violation continues constitutes a separate offense.
(3) The misdemeanor provisions of subsections (1) and (2) of this section shall not apply to manufactured homes. Violations of manufactured home construction and safety standards shall be tried in any court of competent jurisdiction.
History:
[39-4126, added 1975, ch. 180, sec. 2, p. 486; am. 1988, ch. 264, sec. 21, p. 534; am. 2002, ch. 345, sec. 28, p. 975.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 41 - IDAHO BUILDING CODE ACT › Section 39-4129 - SEVERABILITY.

39-4129. SEVERABILITY. If any portion of this act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
History:
[I.C., sec. 39-4129, as added by 1975, ch. 180, sec. 2, p. 486.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 42 - RECREATIONAL VEHICLES AND PARK TRAILERS › Section 39-4201 - DEFINITIONS.

39-4201. DEFINITIONS. As used in this chapter:
(1) "Park model recreational vehicle" means a vehicle as defined in section 49-117, Idaho Code.
(2) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The entities are: travel trailer, camping trailer, truck camper, fifth-wheel trailer, park model recreational vehicle and motor home.
(a) "Camping trailer" means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.
(b) "Fifth-wheel trailer" means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits, of gross trailer area not to exceed four hundred (400) square feet in the set-up mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
(c) "Motor home" means a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle.
(d) "Travel trailer" means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than three hundred twenty (320) square feet.
(e) "Truck camper" means a portable unit constructed to provide temporary living quarters for recreational, camping or travel use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.
History:
[39-4201, added 1995, ch. 267, sec. 15, p. 864; am. 2017, ch. 134, sec. 1, p. 312.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 42 - RECREATIONAL VEHICLES AND PARK TRAILERS › Section 39-4202 - COMPLIANCE.

39-4202. COMPLIANCE. No manufacturer shall sell or offer for sale within this state:
(1) Any new recreational vehicle that is not manufactured in compliance with the National Fire Protection Association (NFPA) 1192 Standard for Recreational Vehicles; or
(2) Any new park model recreational vehicle that is not manufactured in compliance with the American National Standards Institute (ANSI) A119.5 Standards for Recreational Park Trailers.
History:
[39-4202, added 1995, ch. 267, sec. 15, p. 865; am. 2017, ch. 134, sec. 2, p. 313.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 42 - RECREATIONAL VEHICLES AND PARK TRAILERS › Section 39-4203 - EXEMPTION FROM LOCAL ORDINANCES OR REGULATIONS.

39-4203. EXEMPTION FROM LOCAL ORDINANCES OR REGULATIONS. No recreational vehicle that meets the National Fire Protection Association (NFPA) 1192 Standard for Recreational Vehicles and no park model recreational vehicle that meets the ANSI A119.5 Standard for Recreational Park Trailers shall be required to comply with any local ordinances or regulations adopting standards relating to plumbing, heat producing and electrical systems in recreational vehicles or park model recreational vehicles.
History:
[39-4203, added 1995, ch. 267, sec. 15, p. 865; am. 2017, ch. 134, sec. 3, p. 313.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 43 - MODULAR BUILDINGS › Section 39-4301 - DEFINITIONS.

39-4301. DEFINITIONS. As used in this chapter:
(1) "Administrator" means the administrator of the division of occupational and professional licenses for the state of Idaho.
(2) "Board" means the factory built structures advisory board, as created in section 39-4302, Idaho Code.
(3) "Building site" means any tract, parcel or subdivision of land upon which a modular building is installed or is to be installed.
(4) "Closed construction" means any manufactured building, structure or component thereof that may enclose factory installed structural, mechanical, electrical or plumbing systems and is not open for visual inspection at the building site.
(5) "Commercial coach" means a modular building with permanent running gear and a hitch assembly that is designed and constructed for nonresidential occupancy classifications only.
(6) "Division" means the Idaho division of occupational and professional licenses.
(7) "Factory built structure" means any building or building component, including a manufactured home, a mobile home or a modular building, that is of closed construction and is entirely or substantially prefabricated or assembled at a place other than the building site.
(8) "Manufactured home" means a structure as defined in section 39-4105, Idaho Code.
(9) "Mobile home" means a structure as defined in section 39-4105, Idaho Code.
(10) "Modular building" means any building or building component, other than a manufactured or mobile home, that is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
History:
[39-4301, added 2007, ch. 252, sec. 5, p. 740; am. 2016, ch. 342, sec. 4, p. 969; am. 2023, ch. 15, sec. 13, p. 83.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 43 - MODULAR BUILDINGS › Section 39-4303 - FEES.

39-4303. FEES. (1) The following fees shall be paid by the manufacturer of a modular building:
(a) Per building, one (1) building permit, plan review and inspection fee for structural, plumbing, electrical and HVAC, based upon the modular building permit fee schedule as provided in rule, plus ninety dollars ($90.00) and two and one-half percent (2.5%) of the plumbing, electrical and HVAC installation costs.
(b) The division may charge a one hundred dollar ($100) insignia fee in instances where building permit fees are not charged for modular buildings.
(2) All fees collected by the division under the provisions of this chapter shall be paid into the occupational licenses fund. The expenses incurred in administering and enforcing the provisions of this chapter shall be paid from the fund. The fees set forth in subsection (1) of this section and the modular building permit fees as provided in rule shall be the exclusive fee requirements applicable to modular buildings governed by the provisions of this chapter and shall supersede any program of any political subdivision of the state that sets fee requirements for the same inspections or services.
History:
[39-4303, added 2007, ch. 252, sec. 5, p. 741; am. 2016, ch. 342, sec. 6, p. 971; am. 2020, ch. 278, sec. 1, p. 812; am. 2021, ch. 224, sec. 30, p. 670.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 43 - MODULAR BUILDINGS › Section 39-4304 - INSIGNIA OF APPROVAL — COST — PLACEMENT.

39-4304. INSIGNIA OF APPROVAL — COST — PLACEMENT. (1) No modular building shall be installed on a building site in this state on or after July 1, 2007, unless it is approved and bears the insignia of approval of the division.
(2) Any modular building bearing an insignia of approval of the division shall be deemed to comply with codes, laws, or rules enacted by the state of Idaho which govern the manufacture and construction of such building.
(3) The cost of the insignia, if issued, shall be included as a part of the permit fee as set forth in section 39-4303, Idaho Code.
(4) No modular building which has been approved by the division shall be in any way modified prior to its initial occupancy unless approval of that modification is first made by the division.
(5) Insignias shall be placed on the front, left-hand side of the building.
History:
[39-4304, added 2007, ch. 252, sec. 5, p. 742.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 43 - MODULAR BUILDINGS › Section 39-4304A - APPOINTMENT AND QUALIFICATIONS OF MODULAR BUILDING INSPECTORS.

39-4304A. APPOINTMENT AND QUALIFICATIONS OF MODULAR BUILDING INSPECTORS. The administrator may appoint such number of modular building inspectors as is necessary for the effective enforcement of this chapter. Each modular building inspector shall:
(1) Be knowledgeable regarding the type of installation being inspected;
(2) Be certified as an inspector by an organization designated in administrative rule promulgated by the board. Each inspection certification shall correspond to the type of installation being inspected;
(3) Demonstrate knowledge of the provisions of the Idaho Code and the administrative rule governing the type of installation being inspected; and
(4) Not be permitted to:
(a) Be engaged or be financially interested in any business, trade, practice or work related to this chapter;
(b) Sell any supplies connected to the electrical, plumbing or heating, ventilation and air conditioning (HVAC) business; or
(c) Act as an agent, directly or indirectly, for any person, firm, copartnership, association or corporation engaged in the electrical, plumbing or HVAC business.
History:
[39-4304A, added 2009, ch. 127, sec. 1, p. 407.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 43 - MODULAR BUILDINGS › Section 39-4305 - RECIPROCITY OF STANDARDS WITH OTHER STATES.

39-4305. RECIPROCITY OF STANDARDS WITH OTHER STATES. (1) If the administrator determines that standards for modular buildings that have been adopted by the statutes or rules of another state are at least equal to the standards adopted by the administrator, the administrator may so provide by rule.
(2) If the administrator determines that standards for modular buildings have not been adopted by another state, and modular buildings from that state are transported into this state to be offered for sale, the administrator may certify reciprocal states to inspect such modular buildings. If there is no reciprocity agreement with a state of manufacture, then Idaho will inspect the building, plumbing, electrical and HVAC, provided that the out-of-state manufacturer shall bear the costs of travel and inspection services related to such inspection. If the administrator shall then determine that the modular buildings meet the standards of this state, the product shall be acceptable and the administrator may issue insignia for said modular buildings.
History:
[39-4305, added 2007, ch. 252, sec. 5, p. 742.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 43 - MODULAR BUILDINGS › Section 39-4306 - VIOLATIONS MISDEMEANORS — CIVIL PENALTIES.

39-4306. VIOLATIONS MISDEMEANORS — CIVIL PENALTIES. Any person, partnership, company, firm, association or corporation who shall willfully violate any of the provisions of this chapter, or the rules of the factory built structures advisory board or of the administrator herein provided for, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time; or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator, shall be guilty of a misdemeanor. In addition to any criminal proceedings, the administrator is authorized to bring either an administrative action or a civil proceeding in the courts against the violator and impose and recover a civil penalty against the violator as established by administrative rule, but not to exceed one thousand dollars ($1,000). Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the previous violation.
History:
[39-4306, added 2007, ch. 252, sec. 5, p. 742; am. 2016, ch. 342, sec. 7, p. 971.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4401 - SHORT TITLE.

39-4401. SHORT TITLE. This act may be known and cited as the "Hazardous Waste Management Act of 1983."
History:
[39-4401, added 1983, ch. 154, sec. 1, p. 417.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4402 - LEGISLATIVE FINDINGS AND PURPOSES.

39-4402. LEGISLATIVE FINDINGS AND PURPOSES. (1) The legislature of the State of Idaho finds:
(a) That continuing technological progress, increases in manufacturing, and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous waste;
(b) That the public health and safety, and the environment, are threatened when hazardous wastes are not managed in an environmentally sound manner;
(c) That the knowledge and technology necessary for alleviating adverse health, environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are generally available; and,
(d) That the problem of proper management of hazardous waste has become a matter of great statewide concern.
(2) Therefore, it is hereby declared that the purposes of this act are:
(a) To protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste;
(b) To establish a program to track and control hazardous wastes from the time they are generated through transportation, treatment, storage, and disposal; and,
(c) To assure the safe and adequate management of hazardous wastes within this state.
History:
[39-4402, added 1983, ch. 154, sec. 1, p. 417.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4404 - CONSISTENCY WITH FEDERAL LAW.

39-4404. CONSISTENCY WITH FEDERAL LAW. The legislature intends that the state of Idaho enact and carry out a hazardous waste program that will enable the state to assume primacy over hazardous waste control from the federal government.
The legislature finds that the RCRA, as amended, 42 U.S.C., section 6901 et seq., and federal regulations adopted pursuant thereto, establish complex and detailed provisions for regulation of those who generate, transport, treat, store, and dispose of hazardous wastes. The legislature cannot conveniently or advantageously set forth in this chapter all the requirements of all of the regulations which have been or will be established under RCRA. However, by the provisions of this chapter, the legislature desires to avoid the existence of duplicative, overlapping or conflicting state and federal regulatory systems.
Therefore, the board is directed to promulgate rules which are consistent with RCRA and the federal regulations adopted by the administrator of the United States environmental protection agency to implement RCRA. Farmers and ranchers who treat, store, or dispose of waste pesticides from their operations on lands owned or controlled by them shall not be required by board rules to do anything more than follow the instructions on the pesticide label and triple rinse empty containers in accordance with the RCRA regulations of the environmental protection agency. The board may not promulgate any rule that would impose conditions or requirements more stringent or broader in scope than RCRA and the RCRA regulations of the environmental protection agency. The board may, however, promulgate procedural rules and rules specifically authorized by this chapter or other state statutes without showing that those rules are required by RCRA or the regulations of the environmental protection agency; provided that those rules shall not conflict with this section, other sections of this chapter, RCRA, or the regulations of the environmental protection agency. Any rule promulgated by the board shall be valid until it is repealed or modified through the administrative process of chapter 52, title 67, Idaho Code.
History:
[39-4404, added 1983, ch. 154, sec. 1, p. 419; am. 1986, ch. 182, sec. 1, p. 479; am. 1988, ch. 6, sec. 1, p. 6; am. 1988, ch. 259, sec. 1, p. 498; am. 1993, ch. 216, sec. 27, p. 608; am. 1993, ch. 291, sec. 2, p. 1085.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4405 - RULES IN GENERAL.

39-4405. RULES IN GENERAL. Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the board shall adopt such rules as are necessary and feasible for the management of the generation, collection, transportation, treatment, storage, and disposal of hazardous wastes within the state. The board shall also adopt such rules as necessary to regulate persons who produce, burn, distribute, and market fuel containing hazardous waste. The rules promulgated by the board shall be a part of this code and shall have the force and effect of law. Such rules shall include, but not be limited to:
(1) Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter;
(2) Rules for those who generate, transport, treat, store, or dispose of hazardous wastes;
(3) Rules, consistent with those issued by the United States environmental protection agency and the United States department of transportation, for containerization, labeling and manifesting of hazardous wastes;
(4) Rules specifying the terms and conditions under which the department shall issue, modify, suspend, revoke, or deny such permits as shall be required by this chapter;
(5) Lists of those wastes or combinations of wastes which are not compatible and which may not be stored or disposed of together;
(6) Procedures and requirements for the reporting of the generation, transportation, treatment, storage or disposal of hazardous wastes;
(7) Rules establishing standards and procedures for the training of personnel at generation sites and at hazardous waste facilities and sites;
(8) Release detection, prevention and correction rules applicable to all owners and operators of underground storage tanks, as may be necessary to protect human health and the environment;
(9) Rules specifying radioactive materials or other radioactive materials occurring naturally that may be disposed of at a commercial hazardous waste facility or site.
History:
[39-4405, added 1983, ch. 154, sec. 1, p. 420; am. 1986, ch. 148, sec. 2, p. 418; am. 2001, ch. 297, sec. 4, p. 1076.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4406 - GENERAL POWERS AND DUTIES OF DIRECTOR.

39-4406. GENERAL POWERS AND DUTIES OF DIRECTOR. The director:
(1) Shall take all actions not inconsistent with this chapter as are necessary and feasible to enable the department to assume and continue primacy over hazardous waste management, pursuant to RCRA;
(2) May conduct and publish studies of hazardous waste management in this state;
(3) Shall develop, publish, and revise as necessary a plan for the safe and effective management of hazardous wastes within this state. Such a plan may identify those locations in the state which are not suitable for the establishment of hazardous waste treatment or disposal facilities or sites;
(4) Shall exercise all powers and discharge all duties expressed in or implied from the other sections of this chapter.
History:
[39-4406, added 1983, ch. 154, sec. 1, p. 420; am. 1993, ch. 291, sec. 3, p. 1086.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 44 - HAZARDOUS WASTE MANAGEMENT › Section 39-4407 - IDENTIFICATION OF HAZARDOUS WASTES.

39-4407. IDENTIFICATION OF HAZARDOUS WASTES. (1) The board shall establish criteria for determining if any waste or combination of wastes is hazardous or nonhazardous, for the purposes of this chapter.
(2) The board may adopt, and amend from time to time a list or lists of hazardous wastes. The board may, with public notice but without the necessity of a public hearing, list as hazardous any waste or combination of wastes determined to be hazardous by the United States environmental protection agency. To accomplish this goal, the board may adopt by reference the regulations containing the lists of hazardous wastes and the set of characteristics for identifying hazardous wastes promulgated by the United States environmental protection agency pursuant to RCRA. The board shall update the regulations adopted pursuant to this section as needed to reflect regulatory amendments promulgated by the United States environmental protection agency. The board may adopt regulations for a state hazardous waste delisting program equivalent to that set forth in 40 CFR sections 260.20(b) and 260.22. The state delisting program shall provide for public notice and opportunity for comment before granting or denying delisting requests.
History:
[39-4407, added 1983, ch. 154, sec. 1, p. 421; am. 1993, ch. 291, sec. 4, p. 1086.]