Division of
Building Safety

The Division of Building Safety is in the process of reorganizing its operating structure and eliminating the various bureau and bureau chief designations within the agency that formerly provided management oversight of the electrical, plumbing, HVAC, building, and public works programs. Management of those programs will be accomplished in a different manner by and among various other management positions, including newly created regional manager positions. Consequently, amendment to Sections 39-4115 and 67-2601A, Idaho Code, is necessary to bring those sections into alignment with the new organizational structure of the Division by eliminating references to nonclassified bureau chief employees and establishing nonclassified regional manager positions. Additionally, amendment to Section 39-4115, Idaho Code, would provide necessary flexibility for the Division to designate an appropriate nonclassified employee to serve as the executive director of the board as well as employ appropriate supporting staff.

Legislation Text

Building and PWCL Legislation

The Public Works Contractor License and Building Code Board members prefer to be compensated in the form of a fifty dollar ($50) per day honorarium in lieu of the fifty dollar ($50) per day salary they currently receive to perform Board functions.  Amendment to Sections 39-4106(3) and 54-1908, Idaho Code, would merely adopt a different paragraph of Section 59-509, Idaho Code, providing for an honorarium in lieu of a salary.  This change in compensation will adjust the Board members’ eligibility and obligations with regard to PERSI participation.  It will also bring the nature of the Board members compensation into line with that of the other boards operating under the Division of Building Safety

Legislation Text

The electrical board does not statutorily provide for the election of a vice chairman by the board. In the event that the chairman is not present at any board meeting, the current statute provides that the board may appoint a temporary chairman by majority vote of those present. Such temporary appointment at the time of the board meeting does not provide the temporary chairman time to prepare and effectively chair the meeting. Additionally, in the event the chairman is not reappointed to the board or otherwise is unavailable, it leaves the board without such unless and until a board meeting is held. The electrical board desires to elect a standing vice chairman who statutorily would preside at board meetings in the event the chairman is not present, as well as be able to perform other board duties as necessary in the absence of the chairman. This would also be consistent with the practices of the majority of the other boards operating within the Division of Building Safety.

Legislation Text

The definition of a Heating, Ventilation, and Air Conditioning (HVAC) contractor is unduly restrictive to those who may install solid fuel burning furnaces and should more broadly define contractors to include anyone who installs solid fuel burning appliances. The HVAC Board has determined that it has become necessary to clarify that the installation of various solid fuel-burning appliances are included in the HVAC regulatory scheme and are addressed in the International Mechanical Code (IMC) and the International Residential Code (IRC). It has always been the intent of the Board to ensure the safe installation of solid fuel burning appliances through the permitting and inspection of such appliances as they fall within the definition of heating systems. As a result and for the purposes of licensure, the definition of HVAC contractor must properly reflect that it includes those who may install such appliances.

Legislation Text 

Manufactured Housing Legislation

This legislation would clarify that the installation of all manufactured and mobile home installations in the state will require the purchase of a permit and accompanying inspection. Such permits and inspections must be obtained by the owner or installer of the manufactured home from either the Division of Building Safety or an approved city or county which administers building codes and has jurisdiction over such installation. The State of Idaho, Division of Building Safety, is the approved installation inspection agency designated by the U.S. Department of Housing and Urban Development (HUD) to carry out the plan for enforcement of the manufactured home installation standards in Idaho. As such, the Division is obligated to ensure that inspections of manufactured home installations are actually performed and done so by qualified inspectors. This legislative proposal would require DBS to perform inspections in those areas where a local jurisdiction does not administer a building code enforcement program. It would also allow local jurisdictions that do administer building codes to continue to provide installation inspections provided that they are approved by the Division as a qualified to do so. Criteria for approval of such a program by the Division will be promulgated in the form of an administrative rule following the adoption of this legislative proposal and is generally expected to consist of employing building inspectors properly trained in the installation of manufactured homes, inspectors certified as building inspectors, and sufficient proof that installations will be inspected to applicable standards. Additionally, this legislation will require that a tag be purchased and affixed to all manufactured homes installed in the state. This will ensure that all homes may be tracked by the Division and their location reported to HUD as is required under the state plan.

Legislation Text

Modular Building Legislation

The legislation contemplated here would clarify that “recreational park trailers” are exempt from the provisions of the modular building statutes and administrative rules as long as the trailers are constructed and utilized in conformance with the applicable ANSI standards that govern their construction. Without the exemption, the units fall into the definition of modular buildings and are subject to modular building regulation.

Also, the Modular Building Board has instituted a mandatory installation permitting and inspection provision, requiring that every installation, regardless of its location be permitted and inspected. Previously, permitting and inspection requirements were left to local governments, leaving modular buildings installed in areas without building inspection programs without adequate installation inspections. Poor installations are widely recognized as the cause of most problems and complaints with modular buildings. The board feels that extension of installation inspections requirements statewide will lead to a significant decrease in problems for and complaints by consumers.

Legislation Text

Plumbing Legislation

Currently, Section 54-2601, Idaho Code, adopts the Uniform Plumbing Code (UPC) as the standard to which all plumbing installations administered and enforced by the Division of Building Safety and cities must be installed. The UPC has been the legislative code of choice since 1975. This statute also currently allows cities to adopt a plumbing enforcement program as long as a city ordinance prescribes the equal minimum standards. In recent years, there has developed some question as to the applicability of more than one plumbing code in city jurisdictions and whether such are considered the equal minimum standards. This has made it more expensive as well as more difficult for plumbers to conform to the code and operate with consistency. It has also made it more difficult for plumbing officials to determine exactly which standards to apply. The Idaho Plumbing Board, in agreement with representatives from city jurisdictions, would clarify that the Uniform Plumbing Code, along with amendments and reference material to collectively constitute the Idaho State Plumbing Code (ISPC), would serve as the uniform standard for all plumbing installations throughout all jurisdictions in the state. Such amendments to the code would be made by the board through the negotiated rulemaking process. However, cities would still retain authority to administer a plumbing enforcement program and the ability to further amend the code to meet local needs through an amendment process requiring notice and a public hearing. The body of the UPC (and appendices) would stay intact thus remaining a nationally recognized model plumbing standard for use by all jurisdictions in Idaho. Amendments to it by the board would be accomplished in the form of administrative rules as they have always been.

Legislation Text

PWCL Legislation

The Public Works Contractor License classifications contains a wide disparity between the “B” and “C” license classes in terms of the work experience and financial abilities necessary to qualify for each license. Currently, in order to qualify for a class “B” license an applicant must possess qualifications to execute contracts for public works involving an estimated cost of at least six hundred thousand dollars ($600,000) and administrative rule requires that they have a minimum net worth of one hundred fifty thousand dollars ($150,000) with fifty thousand dollars ($50,000) in working capital. In order to qualify for the lesser class “C” license an applicant must possess qualifications to execute contracts for public works involving an estimated cost of at least two hundred thousand dollars ($200,000) and rule requires that they have a minimum net worth of twenty five thousand dollars ($25,000) with seven thousand five hundred dollars ($7,500) in working capital. Licensure in the “B” and “C” classes permits a contractor to work on projects with an estimated cost in amounts of six hundred thousand ($600,000) and two hundred thousand ($200,000) respectively. However, many contractors have indicated that there are many projects that fall within the two hundred thousand ($200,000) to three hundred thousand ($300,000) range that currently require a “B” class license. Contractors and contracting entities have endorsed the concept of establishing an additional intermediate class between the “C” and “B” classes, with a corresponding level of qualification. The creation of a new class “CC” license would allow an applicant with the requisite work experience and financial ability - to include a subsequent administrative rule requirement of a minimum net worth of seventy five thousand dollars ($75,000) with twenty five thousand dollars ($25,000) in working capital - to execute public works contracts of not more than four hundred thousand dollars ($400,000). 

Legislation Text

NOTE: See Building and PWCL Legislation above for additional PWCL Legislation

Electrical Rule

Docket # 07-0103-1101 The proposed rule would allow an initial renewal of an apprentice registration upon a demonstration that the applicant has made at least some progress toward the requirements for a journeyman license in the form of two years of approved schooling and two years (4,000 hours) of work experience.  It also would limit renewals of apprentice registrations to no more than one without a recommendation from the board to do so. Finally, it requires the Division and board to consider any extenuating circumstances which may prevent an applicant from completing the schooling and/or work requirements. This rulemaking prevents the potential for life-time apprentices which the industry has expressed to the board as not advantageous to the individual apprentice or the contractors who employ them. Currently, electrical apprentice registrations are issued for a period of five years and there is no limitation on how many times a trainee may renew such. (IDAPA 07.01.03.012)

Electrical Rule

Docket # 07-0104-1101 The proposed rule would allow an initial renewal of a specialty electrical trainee registration upon a demonstration that the applicant has made at least some progress toward the requirements for a specialty journeyman license in the form of one year (2,000 hours) of work experience.  It also would limit renewals of specialty trainee registrations to no more than one without a recommendation from the board to do so. Finally, it requires the Division and board to consider any extenuating circumstances which may prevent an applicant from completing the schooling and/or work requirements. This rulemaking prevents the potential for life-time specialty trainees which the industry has expressed to the board as not advantageous to the individual trainees or the contractors who employ them. Currently, electrical specialty trainee registrations are issued for a period of three years and there is no limitation on how many times a trainee may renew such. (IDAPA 07.01.04.013)

See pages 115-117 of the October 5, 2011 Idaho Administrative Bulletin for rule text.

Electrical Rule

Docket # 07-0104-1102 The proposed rule would establish an electrical specialty license category for the installation, maintenance, and repair of photovoltaic electrical DC systems and micro-inverter/AC systems to include all electrical equipment, wires and accessories. This would legally recognize established PV contractors who have operated specialized businesses over the course of the past 20+ years.   This proposal allows these companies and installers to become licensed and sets the bar for future practitioners in this fast-growing industry.  It also facilitates the permitting and inspections of photovoltaic installations to assure those installations safely comply with the provisions of the National Electrical Code. (IDAPA 07.01.04.013.09)

See pages 118-122 of the October 5, 2011 Idaho Administrative Bulletin for rule text.

Docket # 07-0105-1101 The proposed rule would eliminate the 30-day waiting period after a first or second failed journeyman examination attempt. When this original rule was written, examinations were only administered on a monthly or bi-monthly basis. However, the electrical journeyman examination is now offered on a continuous basis in the state throughout the year and there is no longer a need to impose a 30-day waiting period after a first or second failed journeyman examination attempt. (IDAPA 07.01.05.011.04)

Electrical Rule

Docket # 07-0106-1101 The proposed rule would adopt the 2011 edition of the National Electric Code (NEC). The proposed rule would also eliminate the amendment to the NEC which only requires arc fault circuit interrupter (AFCI) breakers to be used in dwelling unit bedrooms.  Since 2008, the Board has only required AFCI circuit breakers to be utilized for circuits supplying dwelling unit bedrooms as reflected in this administrative rule which amended the NEC. The elimination of this rule would result in the provision of the NEC addressing AFCI to exist without amendment, which would result in the requirement that such circuit breakers be utilized in most living spaces (dwelling unit family rooms, dining rooms, living rooms, parlors, dens, bedrooms, recreation rooms, closets, hallways, or similar rooms or areas). (IDAPA 07.01.06.011)

See pages 125-128 of the October 5, 2011 Idaho Administrative Bulletin for rule text

Electrical Rule

Docket # 07-0107-1101 The proposed rule would add a requirement that continuing education providers who apply to have their programs and instructors approved by the Division pay a $50 fee to the Division. The addition of a fee is necessary to cover the expense to the Division for reviewing continuing education provider applications. (IDAPA 07.01.07.012)

See pages 129-133 of the October 5, 2011 Idaho Administrative Bulletin for rule text..

Elevator Rule

Docket # 07-0402-1101 The proposed rule would adopt the most recent (2010) edition of the Safety Code for Elevators and Escalators with several amendments thereto. It would also adopt several other more specific installation standards in the form of the Standard for Elevator Suspension and Governor Systems Performance-based Safety Code for Elevators and Escalators. The rule would also require an accredited Elevator/Escalator certification organization (AECO) approval in accordance with ANSI standard A17.7 in any request for alternate technology or construction from the Division. (IDAPA 07.04.02.004)

HVAC Rule

Docket # 07-0701-1101 The proposed rule would clarify that HVAC contractors and specialty contractors must obtain a compliance bond and not a performance bond, and that the bond must be effective for the entire duration of the licensing period. Separately, the rulemaking would also eliminate the need to have different colored inspection tags and clarify that unacceptable HVAC installations will receive a Notice of Correction tag. HVAC contractors and specialty contractors are required to secure a compliance bond for use by the Division to ensure that HVAC installations the contractor may make are done so in compliance with the adopted HVAC codes. The bond is required to be active for the entire duration of the licensing period (3 years). Often a bond is purchased by a contractor only for the purpose of obtaining the license from the Division and is not effective for the full licensure period. DBS is also required to provide a notice in the form of an inspection tag on each HVAC installation that is unacceptable as not installed to code, and that corrections are required. (IDAPA 07.07.01.005.021/022 & 060)

HVAC Rule

Docket # 07-0701-1102 The proposed rule would eliminate the requirements related to the location and protection of the gas piping, regulators, and meters.   The location and protection of the gas regulator, meter, and associated gas piping are the responsibility of the utility company and not within the jurisdiction of the Division. Additionally, enforcement of these requirements is difficult given the ambiguity of what is considered to be adequate protection of this equipment, as well as the lack of clarity as to where the termination point is of the piping installed inside the structure which connects out to this equipment (DBS authority terminates at such point). (IDAPA 07.07.01.005.01.e & f)

See pages 161-162 of the October 5, 2011 Idaho Administrative Bulletin for rule text.

Plumbing Rule

Docket # 07-0205-1101 This rule establishes the requirements for courses of instruction, the Division’s procedures for approval of programs and providers, the fees associated with applications for approval, and requirements for credit. Substantially similar criteria have already been established for the provision of continuing education to electrical licensees; and has effectively served to ensure the reputability and effectiveness of instructors and courses offered. (IDAPA 07.02.05.016)

See pages 134-141 of the October 5, 2011 Idaho Administrative Bulletin for rule text.

Plumbing Rule

Docket # 07-0205-1102 This rule would require anyone who has previously been licensed in any jurisdiction as a journeyman or master plumber to disclose such licensure history to the Division upon application. It also prevents any such individual so previously licensed from obtaining an apprentice registration. This rulemaking is intended to prevent individuals already licensed in other jurisdictions as master and journeyman plumbers from entering Idaho and obtain apprentice registrations from the Division for the purpose of working on particular jobs and leaving the state upon completion of such.  Such out-of-state individuals have evidenced no intent of attending school or working the established number of hours as required of all apprentice registrants, nor ultimately testing for an Idaho journeyman license. Such practice circumvents the licensing requirements because those individuals in effect perform as journeymen on the jobs.  (IDAPA 07.02.05.010)

Plumbing Rule

Docket # 07-0205-1103 This rule change would allow an apprentice to take the written portion of the journeyman exam upon completion of a four (4) year board approved course of instruction regardless of the amount of hours of work experience the apprentice may have accrued to that point. However, no journeyman license would be issued to the apprentice, despite successful completion of the written exam, until the apprentice actually achieves 8000 hours of work experience, and then successfully completes the practical portion of the journeyman examination. Current economic conditions have made it difficult for many apprentices to timely achieve the required 8,000 hours of work experience in order to take the journeyman examination.  Upon completion of schooling, apprentices now often have to wait considerable time (sometimes years) before they may test for their journeyman license. This potentially large gap of time between completion of schooling and the exam date reduces the likelihood of passing the exam and requires additional time and expense in the form of continuation instruction. (IDAPA 07.02.05.011)

Plumbing Rule

Docket # 07-0207-1101 This rule relates to Docket # 07-0205-1102 and would establish a civil penalty for applicants who fail to disclose the required information on any Division plumbing application, specifically to include their licensure history and any licenses previously held. No provision exists in rule to impose a civil penalty for failure to disclose the required information on an application for registration or certificate of competency. Requiring such disclosure will help prevent applicants, particularly those already licensed in other jurisdictions, from circumventing the journeyman licensure requirements. (IDAPA 07.02.07.011.03)

PWCL Rule

Docket # 07-0501-1101 The proposed rule would provide for an additional fee for those public works contractor license applicants who request an extension of time in which to submit an application, as well as a provision to expedite a public works contractor license application along with a commensurate fee for providing such service. Existing administrative rule already provides for the procedures for requesting an extension of time to submit an application for license renewal; however the current procedure locks the applicant into an annual recurring request usually coinciding with the fiscal year and lag in receiving the accountant’s report.  Applicants also often request that their application for licensure be expedited, and the Division facilitates such requests when resources are available. Using a separate fee for this service, DBS assures that all applicants are treated fairly, and that no applicant’s application is negatively impacted by moving another applicant’s application ahead. (IDAPA 07.05.01.105)