Title 39 — HEALTH AND SAFETY

39-8605. Administrator’s rulemaking authority. The administrator may adopt rules and codes governing the operation, installation, alteration, maintenance, inspection and repair of conveyances and shall adopt minimum standards governing existing installations. The administrator ma…

39-8606. Scope — Exemptions. (a) The provisions of this chapter shall apply to all conveyances within the state of Idaho except the following or as provided in subsection (b) of this section: (1) Conveyances located in private residences; (2) Conveyances in federally owned facili…

39-8607. Inspections. On and after July 1, 2004, all installations and periodic inspections required by this chapter shall be performed by a QEI as defined in this chapter.

39-8608. Installation permits required — Application — Posting — Exceptions — Other licenses, permits and inspections. (1) On and after July 1, 2004, it shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any inst…

39-8609. Responsibility for operation and maintenance of equipment and for periodic tests. (1) The person installing or altering a conveyance is responsible for its operation and maintenance until the division has issued an operating certificate for the conveyance. The owner is r…

39-8610. Temporary certificate to operate. A temporary certificate to operate may be issued by the administrator. No temporary certificate shall be issued when life-safety nonconformances are present. Before the expiration of the temporary certificate, the conveyance shall be rei…

39-8611. Certificate to operate. (1) Inspection and certificate. No conveyance shall be placed into operation until an inspection has been performed and a certificate to operate has been issued by the division. (2) Inspection prior to issuance. A certificate to operate may be iss…

39-8612. Operation without certificate may be enjoined. Whenever any conveyance is being operated without a certificate required by this chapter, the administrator may apply to the district court of the county in which the conveyance is located for a temporary restraining order o…

39-8613. Order to discontinue operation — Notice — Conditions — Contents of order — Rescission of order — Violation — Penalty — Random inspections. (1) The administrator may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may pla…

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 appli…

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 equi…

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 promulga…

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…

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 th…

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 impriso…

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 se…

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 repa…

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 divi…

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…

39-8701. Short title. This chapter shall be known and may be cited as the "Idaho Commonsense Consumption Act."

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 en…

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 o…

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 person…

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 allegedl…

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 discov…

39-8801. Short title. This act may be known and cited as the "Idaho Underground Storage Tank Act."

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, e…

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) "Di…

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 i…

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 ar…

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 mo…

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 p…

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 th…

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 chapt…

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…

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…

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 ho…

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 …

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 t…

39-8901. Short title. This act may be known and cited as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act."

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,…

39-8903. Test method and performance standard. (1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance w…

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 li…

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 o…

39-8906. Penalties. (1) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 39-8903, Idaho Code, shall be subject to a civil penalty not to exceed one hundr…

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 c…

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 ot…

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…

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 stat…

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.