Title 39 — HEALTH AND SAFETY

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 rig…

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 actu…

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 …

39-4011. Violations. (1) Any person who violates any of the following provisions relating to manufactured homes, or any rule promulgated by the administrator of the division of occupational and professional licenses to administer the provisions of this chapter, shall be liable fo…

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, co…

39-4102. Short title. This chapter shall be known as "The Idaho Building Code Act."

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 go…

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 gove…

39-4105. Definitions. As used in this chapter, the terms defined in this section shall have the following meanings, unless the context clearly indicates another meaning. Where terms are not defined in this chapter and are defined in the currently adopted International Building Co…

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 …

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 …

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 …

39-4109. Application of codes. (1) The following codes are hereby adopted for the state of Idaho division of occupational and professional licenses and shall only be applied by local governments as prescribed by section 39-4116, Idaho Code: (a) The 2006 International Building Cod…

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…

39-4109B. electric vehicle building plan requirements — preemption. (1) Notwithstanding any other provision of law to the contrary, neither the state of Idaho nor any local government in Idaho shall adopt any requirement that an electric vehicle (EV) charging station, a designate…

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…

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, Un…

39-4113. Plan reviews — Maximum fees and school inspections. (1) The administrator shall establish a program for plan reviews and permit issuance entirely within the division of occupational and professional licenses. Plan reviews shall be for the provisions of this chapter and c…

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 …

39-4116. Local government adoption and enforcement of building codes. (1) Local governments enforcing building codes shall do so only in compliance with the provisions of this section. Local governments that have not previously instituted and implemented a code enforcement progra…

39-4117. Processing building permits — TIMELY REVIEW. (1) A local government that requires building permits shall make available a document that describes in detail the requirements of its building permit process. The local government shall provide the document to the public on i…

39-4118. Inspections — timeliness — Refunds. (1) If an inspection requested by a permit holder is not performed within forty-eight (48) business hours, such permit holder shall be authorized to hire a third-party inspector to perform such inspection. The permit holder or third-pa…

TITLE 39 HEALTH AND SAFETY CHAPTER 41 IDAHO BUILDING CODE ACT 39-4117 [39-4119]. LIVE virtual re-inspections. (1) Except as otherwise provided for in this section, the division and local governments shall be authorized to perform live virtual re-inspections at their discretion. (…

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 di…

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 …

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 divisio…

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 m…

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, …

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 trav…

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 rec…

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 Tra…

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. (…

39-4302. factory built structures advisory board. (1) The factory built structures advisory board is established in the division of occupational and professional licenses to advise the administrator in the administration and enforcement of the provisions of this chapter and chapt…

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 …

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 approv…

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 t…

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 s…

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 pro…

39-4401. Short title. This act may be known and cited as the "Hazardous Waste Management Act of 1983."

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) Th…

39-4403. Definitions. As used in this chapter: (1) "Board" means the Idaho board of environmental quality. (2) "Commercial hazardous waste facility or site" means any hazardous waste facility whose primary business is the treatment, storage or disposal, for a fee or other conside…

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 amen…

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, treatmen…

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…

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 hazard…

39-4408. Unauthorized treatment, storage, release, use or disposal of hazardous waste prohibited. (1) No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose any hazardous waste in such a manner that the waste,…

39-4409. Permit requirements for hazardous waste treatment, storage, or disposal facilities. (1) No person shall construct, operate, or modify a hazardous waste treatment, storage, or disposal facility or site without a permit from the department. The owner or operator of the fac…

39-4410. Transportation of hazardous waste. (1) The board shall promulgate hazardous waste transportation rules and regulations to control the intrastate and interstate transportation of federally regulated types and quantities of hazardous waste. The rules and regulations shall …

39-4411. Records — Reporting — Monitoring. (1) Pursuant to the provisions of section 39-4405, Idaho Code, the board shall adopt, and amend as necessary, such rules relating to records, reporting, and monitoring as may be needed to achieve the purposes of this chapter. These rules…

39-4412. Inspections — Right of entry. (1) All inspections and searches conducted under the authority of this chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the fourth amendment to the constitution of the Uni…